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2017 Supreme(J&K) 740

TASHI RABSTAN
United India Insurance Co. Ltd. – Appellant
Versus
Subash Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Vishnu Gupta

JUDGMENT :

Tashi Rabstan, J.

This appeal is directed against the judgment and award dated 13.10.2009 passed by the learned Motor Accident Claims Tribunal, Jammu (for short 'Tribunal') whereby a total compensation of Rs. 1,50,000/- has been awarded in favour of claimant-respondent No. 1 herein, on account of injuries suffered by him in a vehicular accident. An interest @ 7.5% p.a. has also been awarded on the awarded amount of compensation. Liability of paying the compensation has been foisted on the appellant-insurance company with whom the offending Tanker was insured.

2. I have heard learned counsel for the appellant and perused the record.

3. The claimant, at the ill-fated time, was travelling on his scooter and was going to his village. When he reached near District Hospital, Kathua, a rashly and neqligently driver of Tanker bearing registration No. HR-38-6104 is stated to have hit his scooter by coming to the wrong side, as a result whereof, he suffered fracture of right lower leg, fracture of right temporal bone and multiple fracture of right frontal lobe and other injuries on his scalp and nose.

4. Claimant lodged the claim for compensation under section 166 of the Motor Vehicles






















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