JUDGMENT

The National Insurance Company Limited (hereinafter referred to as “the appellant”) is in appeal against the judgment and award dated 30th January, 2017 passed by the Motor Accident Claims Tribunal, Jammu (for brevity “the Tribunal”) in file No.301/C, whereby the claim petition filed by respondent No.1 (hereinafter referred to as “the claimant”) has been allowed and the appellant has been directed to pay an amount of Rs. 6,58,801/- along with interest @ 7.5%per annum to the claimant.

2. Before adverting to the grounds of challenge urged in the memo of appeal, it would be necessary to take note of few facts, which are relevant for the disposal of this appeal.

On 21.04.2012 at about 6.15 a.m., a motor vehicular accident involving vehicle No. PB-35H-3559 (Tata Indico Car), driven rashly and negligently by respondent No.3, took place at Smailpur Chowk, Bari Brahmana within the jurisdiction of Police Station, Bari Brahmana in which respondent No.1, who was standing on the roadside, was hit and grievously injured. A claim petition was filed by respondent No.1 against the appell