BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED Vs. HAZARA BIBI AND ORS.
LAWS(J&K)-2020-8-76
HIGH COURT OF JAMMU AND KASHMIR
Decided on August 14,2020

BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED Appellant
VERSUS
Hazara Bibi And Ors. Respondents




JUDGEMENT

- (1.)This appeal by Bajaj Allianz General Insurance Company Limited (hereinafter referred to as ?the appellant') is directed against the judgment and award dated 23rd February, 2017 passed by the Motor Accident Claims Tribunal, Jammu ( for brevity ?the Tribunal') in file No.265/C titled Hajara Bibi and others v. Bajaj Allianz General Insurance Company Limited and others, whereby the claim petition filed by respondent Nos.1 to 5 (hereinafter referred to as ?the claimants') has been allowed and the appellant has been directed to pay an amount of ? 19,79,125/- along with interest @ 7.5% per annum to the claimants.
(2.)Before taking up the grounds of challenge urged by the appellant, it would be beneficial to refer to few relevant facts which are as under:-
On 23.09.2014, a motor vehicular accident, involving the offending vehicle (407 Swaraj Mazda Truck) bearing registration No.JK21-3559, driven by respondent No.7 in rash and negligent manner, took place at Dhansal, Assar-Doda road within the jurisdiction of police station, Assar, as a result of which the deceased Mohd. Qayoom received fatal injuries and died on spot. The legal heirs/dependents of the deceased i.e. respondent Nos. 1 to 5 (hereinafter referred to as ?the claimants') filed a claim petition alleging therein that their breadwinner was killed in the accident due to rash and negligent driving of the offending vehicle in which the deceased along with his livestock was travelling. The claimants claimed the compensation to the tune of ? 30,05,000.00 along with interest @ 12% per annum. The claim petition was contested by the appellant through its counsel, Mr. Sanjay Kumar Dhar, whereas Mr. Rampi Sharma, Advocate represented respondent Nos. 6 and 7, owner and drive respectively.

On the basis of the pleadings of the parties, the Tribunal framed the following issues:-

"1. Whether an accident took place on 23.09.2014 at Dhansal Assar-Doda Road involving offending vehicle bearing registration No.JK21-3559 as a result of which deceased Mohd. Qayum received fatal injuries? OPP

2. If issue No.1 is proved in affirmative whether petitioners are entitled to compensation; If so to what amount and from whom? OPP

3. Whether there was any violation of terms and conditions of insurance policy with respect to the vehicle No.JK21-3559 on the date of occurrence, if yes, what is its effect? OPR-1

4. Relief? O.P. Parties."

(3.)As is apparent from the issues framed, the onus to prove issue Nos. 1 and 2 was placed on the claimants, whereas the onus of proof with respect to issue No.3 was placed at the appellant.
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