NATIONAL INSURANCE COMPANY LTD Vs. PREM PAL

JUDGEMENT

(1.) These appeals arise out of the common judgment and award dated 09.03.2009 passed by the learned Motor Accidents Claims Tribunal, Jammu in File No.278/Claim and File No.57/Claim on account of the injuries suffered to the claimants, Prem Pal and Manmeet Singh respectively.

(2.) Appellants have challenged the award on the ground, that the award has been passed without considering the facts of the case and it is against the principles of law, besides being excessive, the Tribunal while deciding Issue No.3 in favour of the appellant has fastened the liability on the appellant/Insurance Company to satisfy the award instead of directing respondent No.2/owner of the offending vehicle to do the same.

(3.) Claimant-Prem Pal was travelling on a motor cycle when he reached Sunjwan Morh, a Matador No.JK02E-3997 being driven in a rash and negligent manner hit his motor cycle, as a result of which, he fell down and became unconscious and thereafter he was taken to the hospital by some people. At the time of accident, the petitioner was working as Officiating Manager in the Bank and was treated in the hospital without any payment.