1. Having arisen out of same award, both the appeals are disposed of by this common judgment.

2. While traveling on a Motorcycle on 26.8.2003, Hamnawaz-respondent No. 1 in CIMA No. 244/2006 was hit by a rashly and negligently driven Tipper bearing registration no. JK02 4997 near University Gate, Jammu, as a result of which he sustained multiple grievous injuries and is permanently disabled. An FIR was registered against the erring driver under Sections 279, 337 and 338 RPC in the concerned Police Station. The respondent No.1 was taken to Maharishi Dayanand Nursing Home, B. C. Road, Jammu in view of the availability of C.T. Scan and other facilities in the said hospital, which were not available in Government Hospitals. He was admitted in the said hospital and examined by Dr. Anil Sharma, who has stated that due the fatal injuries, both the lower limbs of respondent no.1 are not functioning and he has become paraplegic. A claim petition stood filed by the respondent no.1 before the Motor Accident Claims Tribunal, Jammu and a compensation of Rs. 20 lacs was claimed by him. During the pleadings, the Tribunal has framed the following three issues:

"Whether an accident took place on 26.8.

Click Here to Read the rest of this document