NATIONAL INSURANCE CO. LTD Vs. NARESH KUMAR SAWHNEY

JUDGEMENT

(1.) These two appeals arise out of a common award passed by the Motor Accident Claims Tribunal, Jammu on 18.04.2017 in Claim Petition No. 135/C and 136/C instituted on 07.06.2011. The appellant is the Insurance Company which has questioned the award of Rs.2,63,400/- in favour of Ranjit Singh (respondent), Claimant in MA No. 204/2017 and Rs.4,30,919/- in favour of Naresh Kumar (respondent), Claimant in MA No. 203/2017 (hereinafter to be referred as Claimants) for the injuries sustained by them in the accident.

(2.) The facts of the case, briefly stated, are that both the claimants were travelling in a Maruti Car bearing Registration No. JK02AL-7999 while returning to Jammu from Udhampur, on reaching at Mand near Purana Bhatta National High Way, Udhampur, the offending vehicle (Tata Sumo) bearing Registration No. JK01F-3557 coming from opposite direction hit the Maruti Car in which both the injured were travelling. The accident took place because of the negligence of the driver of the offending vehicle because the driver suddenly came from the wrong side and collided. Both the occupants of the Maruti Car sustained injuries for which they were treated in District Hospital, Udhampur and Government Medical College, Jammu. They have also claimed to have been treated in private hospital at Madan Hospital Majitha, Amritsar and Amandeep Hospital, Amritsar.

(3.) Both the claimants filed the Claim Petitions claiming compensation. The driver and the owner, insured, respondent Nos. 1 and 2 in the Claim Petition, of the offending vehicle did not appear despite service and were set ex-parte. It is only the appellant-Insurance Company, which has contested the petition. The appellant-Insurance Company challenged the award, mainly, on the ground that both the claimants being government employees had not suffered any loss of future income and, thus, the Tribunal was wrong in awarding loss of future income in their favour. It is also pleaded that the amount awarded is highly arbitrary and excessive as the law has completely been ignored while awarding compensation.