ORIENTAL INSURANCE COMPANY LIMITED Vs. MOHD AIJAZ
LAWS(J&K)-2020-9-28
HIGH COURT OF JAMMU AND KASHMIR
Decided on September 08,2020

ORIENTAL INSURANCE COMPANY LIMITED Appellant
VERSUS
Mohd Aijaz Respondents




JUDGEMENT

- (1.)The Oriental Insurance Company Limited ["the insurer"] is in appeal against the award dated 4 th September, 2019 passed by the Motor Accident Claims Tribunal, Ramban ["the Tribunal"] in file No. 70/Claim entitled Mohd. Aijaz v. Oriental Insurance Company Limited and another, whereby an award of Rs. 3,93,020/- along with simple interest pendente lite and future @ 7.5% per annum has been passed in favour of respondent No.1 [ "the claimant"] and against the insurer.
(2.)The respondent No.1 has also filed cross objections seeking enhancement of the compensation awarded by the Tribunal.
(3.)Briefly stated, the facts leadings to the filing of the appeal by the insurer and cross objections by the claimant-respondent No.1 are that on 18th February, 2014, a motor vehicle accident took place at Mehar within the jurisdiction of Police Station, Ramban due to rash and negligent driving of an Auto Rickshaw bearing Registration No.JK19/2203 ["the offending vehicle"] by respondent No.2. In the accident, respondent No.1, who was travelling in the offending vehicle, suffered serious injuries and permanent disablement to the extent of 42%. The respondent No.1, at the time of accident, claimed to be 19 years old and working as mechanic. He preferred a claim petition before the Tribunal, which was contested by the insurer alone. Respondent No.2, who was driver-cum-owner of the offending vehicle, chose not to appear and was, thus, proceeded ex-parte. On the basis of the pleadings of the parties, the Tribunal framed following issues for adjudication:-
"(i). Whether petitioner Mohd Aijaz sustained injuries in road traffic accident on 18.02.2014 at Mehar within the jurisdiction of police station Ramban due to rash and negligent driving of the vehicle No.JK19/2203 by respondent no.2? OPP

ii) If issue No. 1 is proved in affirmative, to what amount of compensation the petitioner is entitled to and from whom? OPP

(iii) Whether the offending vehicle was being driven in violation of insurance policy? OPR-l

(iv) Whether the vehicle was having no valid documents at the time of accident? OPR-l.

(v) Relief?

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