1 Mac App. No. 6/2023 S. No. 15 Regular Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Mac App. No. 6/2023 Reserved on: 07.02.2025 Pronounced on: 19.02.2025 Shri Ram General Insurance Co. Ltd. through Legal Manager …Appellant/Petitioner(s) Through: Ms. Suriya Akhtar, Advocate Vs. Sarab Jeet Singh and Ors. ...Respondent(s) Through: Mr. Sheikh Umar Farooq, Advocate CORAM: HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE JUDGEMENT 1. Impugned in this Appeal is Award dated 12th November 2022, passed by Motor Accident Claims Tribunal, Anantnag, (for short “Tribunal”) on a Claim Petition bearing File no. 56/CP titled Sarabjeet Singh v. Vikas Gupta and Ors., directing appellant Insurance Company to pay compensation in the amount of Rs.21,70,000/- (inclusive of interim award, if any, passed) along with 7% interest per annum from the date of institution of claim till realization, on the grounds made mention of therein. 2. A claim petition, as is discernible from perusal of the file, was filed by claimant/respondent No.1, before the Tribunal on 4th February 2017, averring therein that on 10th May 2016, he while travelling from his home towards coaching center at Jammu and on reaching near Sector 3 Trikuta Nagar Jammu, his Motorcycle bearing Registration No. JK02AN-728, was collided with the offending vehicle (Tata Safari) 2 Mac App. No. 6/2023 bearing Registration No. JK02A-3637, driven by respondent no.2, rashly and negligently, resulting in injuries to him. The offending vehicle was insured with Shri Ram General Insurance Company. It is stated that because of said accident, the claimant/respondent no.1 has suffered permanent disablement of 30% as assessed by Medical Board Anantnag. Claimant/respondent No.1 in his claim petition before the Tribunal, sought grant of compensation of Rs.41.00 lacs. 3. Appellant Insurance Company resisted the claim petition before the Tribunal on the ground that driver of offending vehicle was not holding valid driving licence and the vehicle was being plied without valid and effective fitness at the time of accident. 4. The Tribunal, in view of pleadings of parties, framed four Issues for determination, which are: 1. Whether on 10.05.2016 at Sector 3 Trikuta Nagar, Jammu, the petitioner was travelling towards coaching center at Jammu from his residence on a motorcycle bearing registration No. JK02AN-728 and on reaching near Sector 3 Trikuta Nagar Jammu, the offending vehicle bearing registration No. JK02A-3637 driven by respondent No. 1, rashly, negligently and carelessly from opposite side, lost the control over the said vehicle and collided with the motorcycle of the petitioner, as a result of which the petitioner sustained multiple injuries on various parts of his body and rendered disabled ? OPP 2. If issue No.1 is proved in affirmative, whether the petitioner is entitled to compensation, if so, to what extent and from whom? OPP 3. Whether the respondent no.1 was not having valid and effective driving license at the time of accident and as such the insurance company cannot be saddled with any liability? OPR3. 4. Whether the accident was occurred due to contributory negligence of the petitioner/driver of the motorcycle, is so, what would be its effect on the claim petition? OPR. 5. Claimant/respondent No.1 produced and examined four witnesses before the Tribunal; besides claimant/respondent no.1 himself. He also produced Dr. Shareef Ahmad Wani, Consultant at CHC Rajpora, Pulwama, as witness in support of its claim. Appellant Insurance Company despite availing numerous opportunities did not produce any witness. In terms of impugned Award, the Tribunal found claimant/ 3 Mac App. No. 6/2023 respondent 1 entitled to receive compensation of Rs.21,70,000/- along with 7% interest per annum. 6. Heard and considered. 7. Learned counsel for appellant Insurance Company has restricted her argument only to the extent that the disability suffered by respondent no.1 is temporary and was for a period of three years, therefore, the Tribunal has wrongly calculated the compensation. 8. According to statement made by Dr. Shareef Ahmad Wani, who was one of the members of Medical Board, Pulwama, the respondent no.1 had suffered disability to the extent of 30%. He has stated in his report that this disability will remain to the injured continuously for life. It is clear from the statement of doctor that the disability of respondent no.1 was permanent in nature, therefore the argument of counsel for appellant that the disability suffered by respondent no.1 is temporary, is without any base and is, accordingly, rejected. 9. The compensation given by Tribunal is not exorbitant but conservative one. There is nothing substantive in appeal to make any interference in impugned Award and resultantly, instant appeal is liable to be dismissed. 10. For the reasons discussed above, the instant appeal is without any merit and is, accordingly, dismissed with connected CM(s). Interim direction, if any, shall stand vacated. (VINOD CHATTERJI KOUL) JUDGE SRINAGAR 19.02.2025 Manzoor Manzoor Ul Hassan Dar I attest to the accuracy and authenticity of this document Srinagar 06.03.2025 16:34