MINISTRY OF DEFENCE Vs. JANAK RAJ

JUDGEMENT

(1.) THIS civil first miscellaneous appeal is directed against the judgment/ award dated 23/9/2002, passed by Presiding Officer, Motor Accidents Claims Tribunal, Jammu in Claim Petition No. 569/Claim titled Janak Raj v. Ministry of Defence, whereby an amount of Rs. 4,10,000.00 with 9 per cent interest came to be granted in favour of claimant-respondent (hereinafter for short 'impugned award').

(2.) IN brief the facts are that claimant- respondent, namely, Janak Raj, the victim of vehicular accident, filed a claim petition before Motor Accidents Claims Tribunal, Jammu on 6/3/1998 for grant of compensation on the grounds that he was hit by an army vehicle on 7/3/1973 at Nagbani(Domana), which was being driven by its driver rashly and negligently and sustain- ed grievous injuries, which resulted into amputation of his right leg above knee. He has claimed compensation of Rs. 5,00,000 as per the break-up given in the claim petition.

(3.) THE claimant-respondent besides himself examined Bishan Dass and Dr. Sham Jurangal as his witnesses. THE appellants have failed to examine witnesses in their defence. After hearing learned counsel for the parties, the impugned award came to be passed. Learned counsel for the appellants contested claim petition of the claimant- respondent on three grounds: (i) That claim petition of the claimant- respondent was barred by time; (ii) That the identity of the offending vehicle was not known; and (iii) That driver of the offending vehicle has not been arrayed as a party.