ORIENTAL INSURANCE COMPANY LIMITED Vs. SANTOSH KUMARI
LAWS(J&K)-2020-10-20
HIGH COURT OF JAMMU AND KASHMIR
Decided on October 15,2020

ORIENTAL INSURANCE COMPANY LIMITED Appellant
VERSUS
SANTOSH KUMARI Respondents

JUDGEMENT

Sanjeev Kumar,J. - (1.)The Oriental Insurance Company Limited [ "the insurer"] is in appeal against the award dated 29.03.2014 passed by the Motor Accident Claims Tribunal, Jammu ["the Tribunal"] in claim No.02/2010 entitled Anil Kumar v. Sanjay Kumar and others, whereby the injured-Anil Kumar, now deceased, has been awarded a compensation of Rs. 11,94,000/- along with pendente lite and future interest @ 7.5% per annum for the permanent disablement suffered by him in the motor vehicle accident.
(2.)With a view to appreciate the grounds of challenge urged by the insurer to assail the impugned award, a brief reference to the factual matrix would be advantageous.
(3.)The claimant-Anil Kumar (now deceased) suffered a motor vehicle accident on 13th May, 2006, when the motor cycle he was riding had a head on collision with Matador bearing Regd. No.JK02G-2147 (offending vehicle). The aforesaid Anil Kumar suffered grievous injuries and as per the doctor attending him, he suffered permanent disablement to the extent of 75%. The claimant-Anil Kumar filed a claim petition before the Tribunal seeking a compensation of Rs.37,00,000/-for the injuries and 75% disablement suffered by him. The claim petition, as is apparent from the impugned award, was contested only by the insurer. The owner and driver despite service did not appear and chose not to contest the claim petition. The Tribunal, based on the pleadings of the contesting parties, framed following issues:-
"I. Whether an accident took place on 13-05-2006 at Tubewell near Gurha by rash and negligent driving of the vehicle bearing registration No.JK02G-2147 by its driver Respondent No.1, as a result of which Petitioner Anil Kumar received grievous injuries? OPP

II. If issue No.1 is proved in affirmative, whether petitioner is entitled to compensation, if so to what amount and from whom? OPP

III. Whether the driver of offending vehicle was not holding a valid and effective driving license at the time of accident and

whether there has been violation of terms and conditions of policy of insurance? If so to what effect? OPR-3

IV. Whether the accident was caused due to the contributory negligence of petitioner? If so to what effect? OPR-3

V. Relief? O.P. Parties"

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