JUDGMENT :

MA No. 353/2009

1. The Motor Accident Claims Tribunal, Jammu (in short “MACT, Jammu”) came to be approached by the respondent no. 1 Zahir Abbas with a claim petition on File no. 753/Claim on 04.02.2005 thereby seeking compensation on account of physical injury received him in a motor vehicle accident.

2. The respondent no. 1 came to meet an accident on 17.04.2004 near Forest Depot Narwal, Jammu. The accident causing vehicle was being driven by the respondent no. 2 –Maj. Sandeep Sharma, 15 Sector RR, Signal Company C/o 56 APO and the number of the offending vehicle being in reference was MP 09HB 7563. The scooter which met with an accident was being driven by the respondent no.1 - Zahir Abbas, who was grievously injured, along with pillion rider Mohd. Yousuf, taken to Govt. Medical College and Hospital, Jammu for immediate medical treatment and later on to be shifted for medical treatment in Amritsar at Karam Singh Memorial Orthopedic Research Centre whereat he came to suffer three operations and incurred medical expenses.

3. At the time of the said accident, the responde