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2024 Supreme(J&K) 170

M. A. CHOWDHARY
United India Insurance Co. Ltd. – Appellant
Versus
Inderjeet S/o Ghani Sham – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. D S Chauhan Advocate with Ms. Damini Singh Chauhan, Advocate
For the Respondent:Mr. C S Gupta, Advocate

JUDGMENT :

1. Appellant-United India Insurance Company Limited, through the medium of this Miscellaneous Appeal has challenged the Award/Judgment dated February 26, 2020 passed by the Motor Accidents Claims Tribunal Rajouri, in File No. 169/Claim titled “Inderjeet vs. Ajay Kumar & Ors”, whereby a total compensation has been awarded to the claimant-respondent Inderjeet in the amount of Rs.59,78,422/- along with interest @ 7.5% per annum except on future income from the date of institution of the petition till realization.

2. The impugned award has been assailed on the grounds that the claimant was claimed to have been working as Motorman/supervisor and had sustained grievous injuries resulting to his permanent disablement on 26.02.2017 when he was hit by a rashly and negligently driven Vehicle No. JK11-5057 (Bus) at Hamilton Bridge within the jurisdiction of Police Station Rajouri; that as per the certificate issued by the Medical Board, the claimant had suffered 90% permanent disability being a case of Spastic Paraplegia; that the Tribunal has not appreciated the law as well as the facts on record in proper prospective and has drawn the conclusions erroneously and the award being per

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