LAWS(J&K)-2017-4-24

UNITED INDIA INSURANCE CO. LTD. Vs. SUBASH SINGH

Decided On April 24, 2017
UNITED INDIA INSURANCE CO. LTD. Appellant
V/S
SUBASH SINGH Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 13.10.2009 passed by the learned Motor Accident Claims Tribunal, Jammu (for short ' Tribunal') whereby a total compensation of Rs. 1,50,000.00 has been awarded in favour of claimant-respondent No. 1 herein, on account of injuries suffered by him in a vehicular accident. An interest @ 7.5% p.a has also been awarded on the awarded amount of compensation. Liability of paying the compensation has been foisted on the appellant-insurance company with whom the offending Tanker was insured.

(2.) I have heard learned counsel for the appellant and perused the record.

(3.) The claimant, at the ill-fated time, was travelling on his scooter and was going to his village. When he reached near District Hospital, Kathua, a rashly and neqligently driver of Tanker bearing registration No. HR-38-6104 is stated to have hit his scooter by coming to the wrong side, as a result whereof, he suffered fracture of right lower leg, fracture of right temporal bone and multiple fracture of right frontal lobe and other injuries on his scalp and nose.