ORIENTAL INSURANCE CO LTD Vs. RAKESH GUPTA

JUDGEMENT

(1.) THIS Civil 1st Miscellaneous Appeal is directed against award dated 30.09.2004 passed by the Motor Accidents Claims Tribunal, Jammu in Claim Petition no. 655(Claims) titled Rakesh Gupta versus Joginder Kumar & others, whereunder an amount of Rs. 8,76,684/ - with 9% interest per annum came to be awarded in favour of the claimant/respondent no. 1 on the grounds taken in the memo of appeal.

(2.) PRECISELY , the point involved in this appeal is whether the Tribunal was right in awarding the compensation while holding that the injuries have permanently affected the earning capacity of the injured. In order to return findings, it is necessary to give brief resume of the case hereunder.

(3.) CLAIMANT /respondent no. 1 being victim of the accident filed a claim petition before the Motor Accidents Claims Tribunal, Jammu on 11th February, 2000 for grant of compensation on the ground that Joginder Kumar, driver, was driving the offending vehicle (Truck) bearing registration no. JKU/625 rashly and negligently on 11th November, 1999 near Bari Brahmana and caused the accident in which the petitioner sustained injuries. He has claimed compensation to the tune of Rs. 8 lacs as per breakup in para no. 15 of the claim petition.