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2018 Supreme(J&K) 666

SANJEEV KUMAR
National Insurance Co. Ltd. – Appellant
Versus
Kulbir Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Rajesh Kumar
For the Respondents: Mr. V.B. Gupta

JUDGMENT :

1. This is an appeal by the National Insurance Company Ltd., against the award dated 30.12.2017 passed by the Motor Accident Claims Tribunal, Kathua (hereinafter referred to as “the Tribunal”) in Claim Petition No.88/2015 titled Kulbir Singh alias Kulvir Singh v. Jasmeet Kumar and anr.

2. Briefly stated, the facts leading to the filing of this appeal are that on the fateful day of 20.09.2015 at about 11.45 p.m. when the claimant was roping the loaded goods in his Truck No.JK08D-2935 parked at Sawan Chak near Talab, Kathua, motorcycle bearing Registration No.JK08E-0621, which was being driven by respondent No.1 in a rash and negligent manner, while coming from the opposite side hit the claimant as a result whereof, he suffered multiple serious injuries. The injuries suffered by the claimant rendered him permanently disabled to the extent of 35%. The claimant claimed to have been working as driver and earning Rs.15,000/- per month. The claimant laid a claim of Rs.35.00 lakh under various heads before the Tribunal. The claimant also claimed that due to the permanent dis



















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