TASHI RABSTAN, J. - (1.) The challenge in this appeal is to judgment and award dated 26.02.2010 passed by the Motor Accidents Claims Tribunal, Jammu, in File No. 189/claim, whereby the claimant-appellant herein has been held entitled to a compensation of Rs. 5,35,000/- along with interest @ 7.5% per annum from the date of filing of the claim petition till realization.
(2.) The facts leading to the filing of present appeal, as projected in the claim petition, are that on the fateful day of 29.12.2001 the appellant met with an accident when he was coming from Shalamar towards Parade on his Scooter. When he reached ahead of Divya Motors, the offending vehicle, i.e., Matador bearing No. JK02H/7139, which was coming from opposite direction in a rash and negligent manner, hit the Scooter of appellant, as a result of which the appellant and one pillion rider Mr. Rajesh Sharma suffered multiple injuries. The appellant was taken to Government Medical College Hospital, Jammu and from there he was shifted to KHN Hospital, Rail Head Complex, Jammu in an unconscious condition, where he was put on Ventilator, thereafter he was operated upon for head injury. It is stated that for the first time after accident, the appellant opened his eyes on 09.01.2002. It is further stated that he was discharged on 05.02.2002. Further, it is stated that the appellant has lost his senses, memory and is unable to speak, talk or understand the speech of others. It is stated that the appellant was running a Bakery Unit, had employed six/seven employees in the said Unit and was earning more than Rs. 10,000/- per month, which after the accident has been closed and now there is no source of income for the appellant so as to maintain his family, which comprises of wife and children.
(3.) Appellant filed a claim petition before the learned Tribunal. Respondent No. 2 herein, i.e., United India Insurance Co. Ltd. appeared and from the pleadings of the parties, following issues came to be framed by the learned Tribunal: "1. Whether an accident took place on 29.12.2001 near Divya Motors Shalimar Road, Jammu due to rash and negligent driving of offending vehicle No. JK02H/7139 by its driver in which petitioner sustained injuries; if so of what nature Rs. OPP 2. If issue No. 1 is proved in affirmative, whether petitioner is entitled to the compensation; if so to what amount and from whom Rs. OPP 3. Whether driver of offending vehicle at the time of accident was not holding a valid and effective driving license Rs. OPR-2 4. Relief Rs. OP Parties" ;