UNION OF INDIA Vs. SAT PAL
LAWS(J&K)-2006-5-18
HIGH COURT OF JAMMU AND KASHMIR
Decided on May 23,2006

UNION OF INDIA Appellant
VERSUS
SAT PAL Respondents

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: "1. 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 its witnesses.;


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