UNION OF INDIA Vs. SAT PAL
HIGH COURT OF JAMMU AND KASHMIR
UNION OF INDIA
Click here to view full judgement.
(1.) UNION of India, IG Frontier, Headquarter, BSF, Paloura Camp, Jammu, and Madan Lal, Head Constable, have filed this appeal to question award
dated 07 -11 -2003 in claim petition No.642(Claim) titled Sat Pal versus
Union of India and another, of Motor Accidents Claims Tribunal, Jammu,
which awards an amount of Rs.4,70,000/ - as compensation in favour of Sat
Pal for the injuries suffered by him in a motor vehicle accident.
(2.) SAT Pal had lodged a claim petition saying that he was travelling in BSF vehicle No.231340 of 162 Bn. on 24th of April,1997,
when it met with an accident at Khandi on Rajouri -Budhal road, as a
result whereof, he sustained multiple injuries. The injuries ultimately
resulted in amputation of his right arm and fracture of left leg.
(3.) THE Claims Tribunal raised following issues to settle the disputed questions. The issues read thus:
Whether the accident resulting into injuries to the right upper
limb occurred because of the rash and negligent driving of the offending
vehicle by its driver respondent No.2? OPP.
2. In case Issue No.1 is proved what compensation if any the
petitioner is entitled to? OPP.
3. Whether petitioner is not entitled to compensation under the Motor
Vehicles Act and why? O.P.Parties.
Relief. 4. Sat Pal, claimant, besides appearing as his own witness, examined, Sudhan Singh, Arjun Singh and Dr. S.L. Tandan, as his
witnesses; whereas Union of India examined Krishan Rao and Sudhagran, as
Copyright © Regent Computronics Pvt.Ltd.