NATIONAL INSURANCE CO. LTD. Vs. ANJU GUPTA
LAWS(J&K)-2020-6-10
HIGH COURT OF JAMMU AND KASHMIR
Decided on June 03,2020

NATIONAL INSURANCE CO. LTD. Appellant
VERSUS
ANJU GUPTA Respondents




JUDGEMENT

SINDHU SHARMA,J. - (1.)Appellants challenge the award dated 30.09.2008 passed by the Motor Accident Claims Tribunal, Udhampur (hereinafter to be referred to as ' the Tribunal ) awarding a sum of Rs. 14,29,000/- along with 7.5% annual interest from the date of institution of the claim petition till payment is made.
(2.)Two real brothers, namely, Sanjay Kumar and Sohal Lal both S/o late. Perma Nand R/o Udhampur while Sanjay Kumar was a Graduate in Civil Engineering and his younger brother Sohan Lal was B.Sc. in Agriculture. While Sanjay Kumar having failed to secure a job, he set up his own business in the name of M/s. Hennery Collection, the younger brother had taken up a job with M/s. Ambika Textiles whole sale cloth merchant, Udhampur. That on the morning of fateful day both the brothers left for Amritsar on 28.04.2003 because Sanjay Kumar used to visit Amritsar weekly for making purchases, as deposed by PW-Ravi Kumar a cloth merchants of Amritsar. They reached Amritsar by Maruti Car bearing registration No. JK14-7373 and after making purchases of the garments they started return journey at about 3.00 p.m. On reaching Talwandi Ghum-an GT Road near Katahunangal District Majithe about 2 KM short of Police Station Kathua, Truck bearing registration No. PB-05F/9560 coming from the opposite direction loaded with Toori(Bhoosa) suddenly sweared to the wrong side and rammed into the car killing both the brothers on spot because of his rash and negligent driving. The driver of the offending vehicle ran away. PW-Ravinder Khanna accompanied by PW-Vikas Gupta were following Car which was being driven by Sohal Lal in which deceased Sanjay Kumar was also travelling both of them stopped the car and extracted both the brothers from the Maruti Car after the occurrence of.
(3.)Be that as it may, the appellant-Company is against the quantum of the award because the owner and driver did not appear after filing of the claim petition and the appellant has not contested the case on the ground mentioned in section 170 of the Motor Vehicle Act.
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