NIC Vs. SATISH KUMAR AND OTHER

JUDGEMENT

(1.) These two appeals by the National Insurance Company Limited and two cross objections filed by the injured L/Naik Satish Kumar and Hav. G.S.Rao arise out of a motor vehicular accident which took place on 22.09.2005 at 8.15 a.m. near Koular on Jammu-Birpur road. The injured Satish Kumar and G.S.Rao (hereinafter referred to as "the claimants") were riding on their motorcycle when they were hit by Tata Tipper bearing registration No.JK02V-9086 (hereinafter referred to as "the offending vehicle") which was being driven by its driver in rash and negligent manner. The claimants both, Satish Kumar and G.S.Rao, who sustained injuries in the accident, were army personnel and serving as Lance Naik and Havaldar respectively. The injuries sustained by the claimants in the accident resulted in their permanent disablement to the extent of 30% and 40% respectively. Both the claimants filed separate claim petitions before the Motor Accident Claims Tribunal, Jammu (hereinafter referred to as "the Tribunal"). The claimant Satish Kumar claimed a sum of Rs. 26,99,504/- wheras claimant G.S.Rao claimed a sum of Rs. 16,36,489/-.

(2.) Since both the claim petitions had arisen out of the same accident, as such, these were clubbed and decided by a common judgment by the Tribunal. The Tribunal awarded compensation to claimant-Satish Kumar in the following manner:-

(3.) The common award dated 30.07.2008 passed in the cases of claimants Satish Kumar and G.S.Rao has been assailed by the appellant-Insurance Company by filing two separate appeals i.e. MA No.246/2008 and MA No.247/2008. Both the claimants have also filed their cross objections seeking enhancement of the awarded amount. As stated above, since these two appeals and cross objections have arisen out of the same accident and from a common award passed by the Tribunal, as such, they were heard together and are being decided by this common judgment.