NATIONAL INSURANCE COMPANY LTD Vs. THORU RAM
LAWS(J&K)-2020-10-19
HIGH COURT OF JAMMU AND KASHMIR
Decided on October 15,2020

NATIONAL INSURANCE COMPANY LTD Appellant
VERSUS
Thoru Ram Respondents


Referred Judgements :-

MUKUND DEWANGAN VS. ORIENTAL INSURANCE COMPANY LIMITED [REFERRED TO]


JUDGEMENT

Sanjeev Kumar,J. - (1.)Ma 06/2009
1 This is an appeal by the National Insurance Company Ltd. (hereinafter referred to as the "insurer?) against the award dated 29.09.2008 passed by the Motor Accident Claims Tribunal, Jammu (hereinafter referred to as "the Tribunal") in file No.487-C/Claim titled "Thoru Ram and another vs. National Insurance Company Ltd and ors?, whereby the Tribunal has awarded a sum of Rs.4,11,000/- along with interest @ 7.5% per annum to respondent Nos. 1 to 2 ["claimants?] from the date of filing of petition till final payment is made.

(2.)Briefly stated the facts, relevant to the disposal of this appeal, are that on 16.07.2002 at Railway Morh, Vijaypur, when the deceased was standing on the road, a Bus bearing registration No. JK02L-3851 ["offending vehicle?] which was coming from Samba being driven rashly and negligently by its driver hit the deceased, as a result whereof, the deceased fell down on the ground and while being shifted to the hospital, succumbed to his injuries. The claimants filed a claim petition before the Tribunal for payment of compensation on account of death of the deceased. The claim petition was contested by the insurer only, whereas the owner and driver chose not to contest the same and were, accordingly, set ex parte by the Tribunal.
(3.)On the basis of pleadings of the parties, the Tribunal framed the following issues:
(i) Whether an accident occurred on 16.07.2002 at Vijaypur due to rash and negligent driving of the offending vehicle bearing registration no. JK02L-3851 in the hands of its driver in which deceased Bittu sustained fatal injuries ? OPP

(ii) If issue No. Is proved in affirmative, whether petitioners are entitled to compensation; if so to what amount and from whom ? OPP

(iii) Whether deriver of offending vehicle at the time of accident was not holding a valid and effective driving licence ? OPR-1

(iv) Whether deceased has contributed negligence in causing the accident; if so how ? OPR-1

(v) Relief. OP Parties.

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