(1.) HARBANS Lal had filed a claim petition before the Motor Accidents claims Tribunal, Ramban, seeking an amount of Rs. 10,40,000 as compensation for 40 per cent disablement suffered by him because of the injuries he had received while driving truck No. JK 02-D 3198 from Jammu to Srinagar on 2. 8. 1999 when it had gone out of control because of failure of its brakes at Kela Morh near village Seri at 6 p. m.
(2.) THE Claims Tribunal had put the parties to the issues which read thus:
(3.) NEW India Assurance Co. Ltd. , the insurer of vehicle No. JK 02-D 3198 had not led any evidence to rebut the claimant's evidence which had thus remained uncontroverted.