NEW INDIA ASSURANCE CO. LTD. Vs. AJAY KUMAR

JUDGEMENT

(1.) This appeal by the New India Assurance Company Limited with whom the owner of Tata Mobile bearing registration No. JK14-B-1172 was insured. The appellant is aggrieved of the Award made by the Motor Accident Claims Tribunal, Jammu dtd. 21/4/2017 awarding a sum of Rs.3,47,506.00 along with 7.5% per annum interest to the respondent No.1 (hereinafter to be referred as the claimant).

(2.) The case of the appellant is that the accident involving vehicle No. JK14-B-1172 took place on 30/7/2012 at 10 p.m. near Chak Mal within the jurisdiction of Police Station, Bishnah where the claimant while riding a motorcycle bearing registration No. JK02AM-1038 coming from the opposite direction was hit by the offending vehicle. On account of the accident, the claimant/respondent No.1 suffered compound fracture on right tibia and fracture in right SOF with trauma to right thigh, right hand and right leg. He was first treated in Government Medical Hospital, Jammu and Dr. Karam Singh Memorial Orthopedic Hospital and Research Centre and Multispeciality, Amritsar, where he was operated and tibia nail and femur nail has been inserted during his operation. He claimed Rs.2,32,466.00 as medical expenses and Rs.3.00 lac as damages for mental shock and agony, Rs.3.00 lac as damages for pain and suffering, Rs.15.00 lac for loss of future earnings, in addition to medical expenses, thus, a total compensation of Rs.26,32,466.00.

(3.) The owner and the driver did not appear and were set ex-parte and vide order dtd. 7/3/2014, the following issues were framed: