ORIENTAL INSURANCE CO. LTD. Vs. NARDEEP SINGH

JUDGEMENT

(1.) This appeal by the Oriental Insurance Company Limited (hereinafter referred to as " the Insurer") is directed against the award dated 31.12.2013 passed by the Motor Accident Claims Tribunal, Udhampur ("the Tribunal" for short) in file No. 82/Claim titled Nardeep Singh Jamwal V/s Parveen Kumar and ors., whereby respondent No. 1-Nardeep Singh Jamwal ( hereinafter referred to as "the claimant") has been awarded a sum of Rs. 10,32,000/- as compensation along with interest @ 6% per annum for having suffered permanent disability in the Motor Vehicular accident.

(2.) Brief facts, which are relevant for the disposal of this appeal, may be noticed. An accident involving Bus No. JKS/ 7917 driven by its driver- deceased, Anil Kumar rashly and negligently, took place on 10.04.2004 on Duddar Bridge near Rehmbal. In the said accident, the driver of the offending vehicle died on spot whereas the claimant suffered multiple injuries and was permanently disabled. The offending vehicle at the time of accident was insured with the Insurer. The claimant, who had incurred medical expenses and had suffered loss of income due to the injuries received by him in the accident filed a claim petition claiming compensation to the tune of Rs. 12.70 lacs. On being put on notice, the Insurer through its counsel, Mr. Anil Goel, Advocate entered appearance and contested the claim of the claimant on all available grounds. On the basis of the pleadings of the parties, the Tribunal framed the following issues:-

(3.) The claimant in order to prove his case and discharge the onus, produced Dr. Naresh Chopra, PW Rashpal Singh and PW Rajinder Kumar. He also placed on record the documentary evidence in the shape of photocopies of the medical bills. The Insurer, however, did not examine any witness in rebuttal.