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2022 Supreme(J&K) 746

SANJAY DHAR
New India Assurance Co. Ltd. – Appellant
Versus
Ashok Kumar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Jugal Kishore Gupta.
For the Respondent: Jatinder Choudhary.

JUDGMENT :

SANJAY DHAR, J.

1. This appeal has been filed by the appellant-Insurance Company against the award dated 29.08.2016 passed by the Motor Accidents Claims Tribunal, Jammu (for short, 'Tribunal') whereby respondent No. 1-claimant has been awarded compensation in the amount of Rs. 22,99,000/- along with interest @ 7.5% except on the component of loss of future income.

2. The brief facts of the case are that on 09.07.2010 at about 7:30 p.m., a vehicle bearing Registration No. JK02K-7247 collided with a bus bearing Registration No. JK02N-8279 at Jhajjar Kotli bridge which resulted into injuries to the passengers travelling in the bus including respondent No. 1-claimant herein, who also received grievous injuries. The accident was caused due to the rash and negligent driving of the offending vehicle bearing Registration No. JK02K-7247 by its driver-respondent No. 2 herein. After suffering the injuries, the respondent No. 1-claimant was shifted to Govt. Medical College and Hospital, Jammu where he remained admitted from 09.07.2010 to 19.08.2010. On account of the accident, respondent No. 1-claimant suffered permanent disability to the extent of 40%.

3. As per the claim petition, res

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