ORIENTAL INSURANCE CO LTD Vs. MOHAN LAL
HIGH COURT OF JAMMU AND KASHMIR
ORIENTAL INSURANCE CO LTD
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(1.) MOHAN Lal, a Naik in the Indian Army, was travelling on his Motor Cycle along with his wife from Udhampur to Jammu on 11 -12 -2000, when
Amarjit Sharma, the driver of vehicle No.JK -O2J -7387, while driving the
vehicle rashly and negligently, lost control of the vehicle and hit the
petitioner and his wife on the Motor Cycle. This accident resulted in
severe head injury besides fracture of both bones of right forearms. This
accident disabled Mohan Lal to such an extent that he had to lose his
service on disability pension as a case of permanent disability of 100%.
He claimed an amount of Rs.71 lacs as compensation for his mental and
physical sufferings for rest of his life and for incurring expenses,
which were required to be met in engaging servants and requisite
infrastructure needed in sustaining such type of patient who was
diagnosed as a case of paraplegia.
(2.) APPELLANT -Insurance Company, contested the claim of Mohan Lal on merits, but did not lead any evidence as against the one led by the
claimant. On the basis of evidence led by the claimant, the Motor
Accidents Claims Tribunal, Jammu, awarded an amount of Rs.13,80,400/ - in
favour of the claimant.
(3.) THE Appellant -Insurance Company has come up in appeal to this Court.
Shri Vishnu Gupta, learned counsel for the Appellant, has questioned the quantum of compensation awarded by the Tribunal, relying
on 1994 ACJ 505, Sujit Singh Versus Waryam Singh and another; 1995 ACJ
366, R.D. Hattangadi Versus Pest Contro (India) Pvt. Ltd. and others; and 2005 ACJ 1131, New India Assurance Co. Ltd. Versus Charlie and another.;
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