ORIENTAL INSURANCE COMPANY LTD Vs. RAJ BEGUM AND OTHERS
HIGH COURT OF JAMMU AND KASHMIR
ORIENTAL INSURANCE COMPANY LTD
Raj Begum And Others
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Sanjeev Kumar, J. -
(1.)The Oriental Insurance Company (hereinafter referred to as the "insurer") is in appeal against the award dated 11th October, 2012 passed by the Motor Accident Claims Tribunal, Jammu (hereinafter referred to as the "Tribunal") in file No. 476/claim titled "Raj Begum and ors vs. Naseem Mehmood and others" whereby the Tribunal has held the insurer solely liable to pay compensation of Rs.24,26,000/- along with interest @ 7.5% per annum w.e.f 14th September, 2019 till its realization to respondent Nos. 1 to 6 (hereinafter referred to as the "claimants")
(2.)The insurer is aggrieved and has challenged the impugned award, inter alia, on the following grounds:
(i) That the Tribunal has failed to appreciate the evidence on record in proper perspective, in that, the Tribunal has held the offending vehicle i.e Load Carrier bearing registration JK02AA-4869 insured with the insurer solely responsible for the commission of accident, whereas there was an abundance of evidence to demonstrate that the accident in question had occurred due to the composite negligence of both the vehicles i.e Load Carrier bearing registration JK02AA-4869 and Car bearing Registration No.JK02K-4449 insured with respondent No.9 i.e National Insurance Company Ltd.
(ii) That the compensation awarded by the Tribunal is exorbitant and excessive.
(3.)The appeal is opposed by learned counsel for the claimants contending that the conclusions drawn by the Tribunal on the basis of evidence on record are unexceptionable and do not call for any interference. On behalf of the claimants, it is submitted that the impugned award whereby a compensation of Rs.24,26,000/- along with interest has been awarded is, by all means, just and fair and cannot be, by any stretch of reasoning, be termed as "excessive" or "exorbitant".
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