JUDGMENT

National Insurance Company Limited ( hereinafter for short „the Insurer ) is in appeal against the award dated 31.05.2010 passed by the Motor Accidents Claims Tribunal, Jammu (hereinafter “the Tribunal” for short) passed in Claim Petition No. 543/claim titled Abhijeet Khajuria vs. Onkar Sharma and others, whereby the Tribunal has held Abhijeet Khajuria ( for short „the claimant hereafter), entitled to a sum of ¹ 4,15,600/- by way of compensation along with interest at the rate of 7.5% per annum as compensation to be paid by the Insurer.

2. Before proceeding to consider the grounds of challenge urged in this appeal, it would be worthwhile to give few background facts.

3. On 16.09.2006 at about 7 a.m, the claimant while driving his Motor Cycle bearing registration No. JK02T-4791, was hit by Matador bearing No. JK02S-9331 ( hereinafter „the offending vehicle for short) which was being driven by respondent No.2 in a rash and negligent manner. The claimant sustained multiple injuries all over his body and was immediately shifted to Government Medical College Hospital, Jammu