NATIONAL INSURANCE CO LTD Vs. ZEBA

JUDGEMENT

(1.) Through the medium of this appeal the appellant has challenged the award and order dated 14/9/2007 passed by the Presiding Officer, Motor Accidents Claims Tribunal, Anantnag in Claim Petition No. 2 of 2001 titled Zeba v. Ghulam Rasool Bhat whereby Rs. 4,40,000.00 with 9 per cent interest came to be passed in favour of the claimant against the insurer appellant.

(2.) The brief facts of the case are that claimant Zeba filed a claim petition, being the victim of vehicular accident before the Motor Accidents Claims Tribunal and claimed compensation. It is averred in the petition that on 15/1/2001, the claimant was crossing the road at Pujteng, Srinagar- Jammu National Highway and was hit by a Maruti car bearing registration No. JKE 1221, which was being driven by Ghulam Rasool Bhat, rashly and negligently, as a result of which she sustained injuries which rendered her permanently disabled. She had sustained injuries on left leg, besides her two upper incisor (upper teeth) were also broken and her nasal spectrum also sustained fracture. She was taken to Bijbe- hara Hospital, wherefrom she was referred to the Bone and Joint Hospital, Srinagar, where she was admitted. She is now not in a position to walk and work and is also not able to speak properly. The claimant has claimed Rs. 19,40,000 as compensation with interest, as per break-up given in the claim petition.

(3.) Non-applicants viz., driver, owner and the insurer appeared and filed their written statements contesting the claim petition.