NIC Vs. HAMNAWAZ

JUDGEMENT

(1.) HAVING arisen out of same award, both the appeals are disposed of by this common judgment.

(2.) WHILE travelling on a Motorcycle on 26-8-2003, Hamnawaz respondent No. 1 in cima No. 244/2006 was hit by a rashly and negligently driven Tipper bearing registration No. JK02 4997 near University Gate, jammu, as a result of which he sustained multiple grievous injuries and is permanently disabled. A FIR was registered against the erring driver under Sections 279, 337 and 338 RPC in the concerned Police Station. The respondent No. 1 was taken to maharishi Dayanand Nursing Home, B. C. Road, Jammu in view of the availability of c. T. Scan and other facilities in the said hospital, which were not available in Government Hospitals. He was1 admitted in the said hospital and examined by Dr. Anil sharma, who has stated that due to fatal injuries, both the lower limbs of respondent no. 1 are not functioning and he has become paraplegic. A claim petition stood filed by the respondent No. I before the Motor Accident Claims Tribunal, Jammu and a compensation of Rs. 20 lacs was claimed by him. During the pleadings, the Tribunal has framed the following three issues :

(3.) AFTER framing the issues, the claimant/petitioner examined the witnesses in support of his claim. In rebuttal, the appellant-company did not examine any witness. The Tribunal awarded a compensation of Rs. 16,51,484/- alongwith interest at the rate of 7. 5% per annum from the date of filing of the claim petition till the payment is made. Both the parties have preferred appeals against the said award. The appellant in the present appeal has questioned the award on following three counts.