HIGH COURT OF JAMMU AND KASHMIR
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SANJEEV KUMAR,J. -
(1.)This appeal under Section 173 of the Motor Vehicles Act is directed against the award dated 17.07.2010 passed by the Motor Accident Claims Tribunal, Jammu ("Tribunal? for short) in file No. 328 titled " Gopal Krishan vs Union of India and others" whereby the Tribunal has awarded a compensation of Rs.4,22,800/- along with interest @ 7.5% per annum in favour of respondent No.1( hereinafter referred to as the "claimant?)
(2.)The impugned award has been assailed primarily on two grounds. First, that the Tribunal has failed to appreciate the evidence on record in proper perspective and has erroneously held that the vehicle owned by the appellants and driven by its driver was involved in the alleged accident. Second, that the Tribunal has committed an error in awarding exorbitant compensation to the claimant even when there was no specific evidence led by the claimant to prove his actual loss of income due to the injuries suffered in the incident.
(3.)With a view to better appreciate the arguments of Mr. Vishal Sharma, learned ASGI, appearing for the appellants, it would be necessary to first notice the issues framed by the Tribunal on the basis of pleadings of the parties.
i. Whether an accident occurred on 28.02.2006 due to rash and negligent driving of offending vehicle No. MN-01, 5280 in the hands of erring driver in which petitioner Gopal Krishan sustained grievous injuries ? OPP
ii. If issue No.1 is proved in affirmative whether petitioner is entitled to the compensation, if so to what amount and from whom?
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