- (1.)This CIMA is directed against the judgment and award dated 7- 8- 2009, passed by the Motor Accident Claims Tribunal, Jammu, in a Claim Petition, titled as Bishamber Lal v. Darshan Singh and another, whereby an award of L 3,09,000/- along with interest @ 7.5% from the date of filing of claim petition till its realisation came to be granted in favour of claimant-respondent (for short, impugned award), on the grounds taken in the appeal. Brief facts :
(2.)On 2-2-2001, Tipper, bearing registration No. 97E-69108 (hereinafter called as 'offending vehicle'), which was being driven by appellant No. 2, Darshan Singh, rashly and negligently, hit the scooter, bearing registration No. JK02A-4196, which was corning from opposite side, near Bagga Marh Morh, R. S. Pura, as a result of which claimant, respondent herein, as well as one pillion rider sustained multiple injuries. Claimant- respondent was admitted to Government Medical College, Jammu vide MRD No. 255994 and MLC No. 5540. Thereafter, some operations were conducted as his both the legs were badly affected.
(3.)A claim petition came to be filed by the claimant-respondent before the Motor Accidents Claims Tribunal, Jammu claiming compensation to the tune of L 11,28,500/- as per the break-ups given in the claim petition.