The court emphasized the principle of compensating victims of motor vehicle accidents for the injuries sustained due to negligent driving.

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 respondent no. 1 was twenty seven (27) years of age serving as SPO in the Police Department. The injury suffered by the respondent no. 1 was right leg fracture shaft of femur. For the treatment of the said injury a steel rod came to be placed in the fractured femur of his right leg.

4. On account of being a victim of the said motor vehicle accident leaving him injured and with physical disability of its kind, the respondent no. 1 claimed compensation through his claim petition in which he came to name the appellant-Oriental Insurance Company (“OIC” in short) along with offending driver-cum-owner Major. Sandeep Sharma as the respondents. The offending vehicle was insured by the appellant.

5. The MACT, Jammu came to frame the issues in the claim petition, with respect to the cause of accident, involvement of the offending vehicle bearing registration no. MP09HB 7563 in the accident, the driving licence status of the respondent no. 2 - Major. Sandeep Sharma and the compensation payable to the respondent no. 1.

6. The MACT, Jammu came to reach a finding that the claimant i.e. the respondent no.1-herein was a victim of the accident so caused by the offending vehicle on 17.04.2004 on account of rash and negligent driving on the part of the respondent no. 2- Major. Sandeep Sharma.

7. The MACT, Jammu vide its award dated 29.05.2009 came to hold the respondent no. 1 entitled to compensation of an amount of Rs. 2,04,600/- comprised of the following heads:-

8. It is against this award that the appellant –OIC has come to file an appeal under section 173 of the Motor Vehicles Act, 1988. In its appeal, the appellant-OIC is meaning to plead that the award has been passed by totally ignoring the factual position and in a haste without appreciating the correct position of law as laid down by the Hon’ble Apex Court, rendering the award as being an outcome of non-appreciation of factual position as well as law.

9. It is pleaded in the memo of appeal by the appellant-OIC that the MACT, Jammu did not appreciate the statement of the doctor in the correct perspective with respect to disability status of the respondent no. 1, inasmuch as, the MACT, Jammu came to overlook the medical record as well as statement of the concerned doctor for the purpose of computation of compensation.

10. As per the appellant-OIC, the physical disability of the respondent no. 1 as per the doctor’s assessment was 20% percent of right lower limb and not 20% of the body as assessed by the MACT, Jammu. The appellant-OIC is further meaning to fi