NATIONAL INSURANCE COMPANY LIMITED Vs. ABHIJEET KHAJURIA
HIGH COURT OF JAMMU AND KASHMIR
NATIONAL INSURANCE COMPANY LIMITED
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Sanjeev Kumar,J. -
(1.)National Insurance Company Limited ( hereinafter for short ' the Insurer' ) is in appeal against the award dated 31.05.2010 passed by the Motor Accidents Claims Tribunal, Jammu (hereinafter ' the Tribunal' for short) passed in Claim Petition No. 543/claim titled Abhijeet Khajuria v. Onkar Sharma and others, whereby the Tribunal has held Abhijeet Khajuria ( for short ' the claimant' hereafter), entitled to a sum of Rs. 4,15,600/- by way of compensation along with interest at the rate of 7.5% per annum as compensation to be paid by the Insurer.
(2.)Before proceeding to consider the grounds of challenge urged in this appeal, it would be worthwhile to give few background facts.
(3.)On 16.09.2006 at about 7 a.m, the claimant while driving his Motor Cycle bearing registration No. JK02T-4791, was hit by Matador bearing No. JK02S-9331 ( hereinafter ' the offending vehicle' for short) which was being driven by respondent No.2 in a rash and negligent manner. The claimant sustained multiple injuries all over his body and was immediately shifted to Government Medical College Hospital, Jammu. He remained under treatment in GMC Hospital for some time and thereafter was shifted to Hardas Hospital, Amritsar where he remained under treatment for 20/25 days and his leg was operated upon. Having been injured in the accident on account of rash and negligent driving of respondent No.2 and having suffered mental as well as monitory loss, the claimant filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 before the Tribunal, claiming compensation for the loss sustained due to the accident. The claim petition was contested only by the Insurer whereas the driver and the owner of the offending vehicle were proceeded ex-parte.
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