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New India Assurance Company Limited – Appellant
Versus
Rajendra Laxman Pawar – Respondent
CIMA No. 66/2014, MP No. 86/2014
1. The appellant-Insurance Company is in appeal against the judgment and award of the Motor Accident Claims Tribunal, Jammu (for short the Tribunal), whereby in a claim application under section 166 of the Motor Vehicles Act, 1988 (for short the Act) the learned Tribunal has awarded compensation of Rs. 18,40,000/ to respondent No. 1 (hereinafter to be referred to as the claimant). Liability of paying the compensation has been foisted on the appellant.
2. Heard. I have perused the record.
3. On 11.06.2002 the claimant, a Naik in Indian Army, was traveling by a passenger bus bearing registration No. JK 01Y-0381 from Jammu to Srinagar. The bus met with accident on Jammu-Srinagar National Highway at Banihal. It fell down in a 400 feet deep gorge. Claimant received injuries, which caused him disablement and he was discharged from the Army. Eight year after the accident, he filed the claim application in November, 2010. The Tribunal on inquiry found that the accident had occurred due to negligent driving by the driver of the offending bus. Learned Tribunal found further that as per the disability certificate, claimant suffered 40 per cent permanent
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