UNION OF INDIA Vs. ABDUL HAMID BHAT

JUDGEMENT

(1.) While standing on roadside at his village Uterusoo on 10.10.1989 the claimant was hit by a Military vehicle bearing registration No. 1540 86C-42299E as a result of the accident, he suffered multiple injuries on his body and his right leg was totally fractured as the same was run over by the rear left wheel of the vehicle. He was referred to the Bone and Joint Surgery Hospital, Srinagar, where his right lower limb was amputated below the knee, as a result of which he acquired permanent disability. A case was registered under Section 279/337 RPC against the erring driver and statement of witnesses were also recorded under Section 161 Cr.P.C. A claim petition came to be filed before the Motor Accidents Claims Tribunal Anantnag, seeking compensation of Rs. 10 Lacs with interest.

(2.) In their objections to the claim petition, appellants denied the accident and stated that no vehicle of 21 FAD was reported to be involved in any such accident on 10.10.1989, thereby denying their liability to pay the compensation to the claimant.

(3.) The Tribunal, after hearing the parties, allowed a compensation of Rs. 5 Lacs on various counts, both pecuniary and non-pecuniary and interest at the rate of 5% from the date of application was filed. Feeling aggrieved of the award, present appeal has been filed. Cross objections under Order 41 Rule 22 of the Code of Civil Procedure have also been filed by the claimant-respondent.