UNITED INDIA INSURANCE CO LTD Vs. MAHAL SINGH

JUDGEMENT

(1.) THIS appeal at the instance of Insurance Company is directed against the award passed by the Motor Accident Claims Tribunal, Jammu in File No 113/Claims dated 20th September, 97, By means of impugned award compensation to the tune of Rs. 89,000/ - with 12% interest from the date of filing of the petition 1.e. 19th September, 1994 has been ordered till realisation except on Rs. 30,000/ -, the amount of compensation awarded is inclusive of the sum received by the respondent no.1 under no fault liability.

(2.) FACTS which are not in dispute are that vehicle bearing registration No: JKU/2675 was owned by respondent no.3 Rajesh Kumar Rometra on the date of accident and was being driven by Hassan Din, Driver. It is further not in dispute that the appellant was the insurer of the vehicle when the accident in question took place. Further facts which are not in controversy are that accident took place on 11th March, 1994 at Dansal near Jhajjar Kotli. Respondent No.1, Mahal Singh having sustained injuries in this accident, which ultimately resulted in his remaining permanently disabled to the extent of 7% on account of shortening of his left leg, stands established from his own statement as well as from the statement of PW Dr. Deepak Tickoo. It is further not in dispute that respondent no.1, Mahal Singh was working as Head Constable in Jammu & Kashmir Police at the time of accident in question and was aged 53 years.

(3.) THIS court cannot loose sight of the fact that a person belonging to the disciplined force like police force is required to be fit both mentally as well as physically with all his limbs intact.