ORIENTAL INSURANCE CO LTD Vs. MUKHTESHWAR CHIB

JUDGEMENT

(1.) Mukhteshwar Chib had Palace, Patoli, Jammu on 6.12.2001. He gone to attend a marriage function at Karan was standing near Karan Palace, when a motor vehicle Tata Mobile bearing registration No. JK 02-P 893, which was being driven rashly and negligently by Pushpat, its driver, firstly, hit a Maruti car bearing registration No. JK 02-G 1198, thereafter a Tata Sumo bearing registration No. JK 02-C 383 which stood parked in front of Karan Palace and finally Mukhteshwar Chib thereby causing him severe injuries. He was brought to Government Medical College & Hospital, Jammu, in a critical condition where he remained admitted till 10.12.2001 when he had to be shifted to Christian Medical College, Ludhiana for further treatment. He suffered multiple grievous injuries in the accident and his left leg was crushed to such an extent that to save his life it had to be ultimately amputated below knee.

(2.) He, accordingly, lodged a claim for an amount of Rs. 30,00,000 along with interest at the rate of 18 per cent per annum as compensation, inter alia, for the medical and other expenses which he had incurred and would have to incur in future, for pain, agony and torture he had suffered and had to suffer throughout his life and for being deprived of the amenities of life and his bright career ahead.

(3.) His claim was contested by Oriental Insurance Co. Ltd., the insurer of vehicle No. JK 02-P 893. The Claims Tribunal, accordingly, put the parties to issues which read as follows: