NEW INDIA ASSURANCE CO LTD Vs. GH QADIR

JUDGEMENT

(1.) INSURER -appellant has challenged the award dated 30th April, 2005 passed by Motor Accidents Claims Tribunal, Kishtwar in Claim Petition no. 14/Claim titled as Ghulam Qadir versus New India Assurance Company Limited and others, by the medium of this appeal on the grounds taken in the memo of appeal.

(2.) IN order to thrash out all the grounds raised in the memo of appeal by the appellant, it is necessary to give a flask back of the case, the womb of which has given birth to the instant appeal.

(3.) GHULAM Qadir, Claimant -injured -respondent no.1 filed a claim petition on 14th June, 2003 before the Motor Accidents Claims Tribunal (MACT), Kishtwar for grant of compensation on the ground that he became the victim of a vehicular accident, which was caused by driver, Atta Mohmad -respondent no.3, while driving the offending vehicle i.e. Truck bearing registration no. 115 -JKU rashly and negligently on 7th of March, 2003 at Thalaran. Claimant and other persons sustained injuries while as four persons died on spot. The spinal cord of the claimant was injured and he also sustained serious injuries on other parts of the body. He was rushed to hospital and was admitted in SDH Kishtwar and then referred to Government Medical College Hospital, Jammu where he was admitted from 7th March, 2003 to 24th March, 2003. The injuries sustained, have rendered the injured permanent disabled. Claimant has claimed compensation to the tune of Rs. 67,80,000/ - as per the breaks up given in Para No. 20 of the claim petition.