ORIENTAL INSURANCE COMPANY LIMITED Vs. NAND KISHORE SHARMA
LAWS(J&K)-2020-8-49
HIGH COURT OF JAMMU AND KASHMIR
Decided on August 26,2020

ORIENTAL INSURANCE COMPANY LIMITED Appellant
VERSUS
NAND KISHORE SHARMA Respondents




JUDGEMENT

Sanjeev Kumar - (1.)The Oriental Insurance Company Limited (hereinafter "the insurer" for short) is in appeal against the award dated 31.10.2013 passed by the Motor Accident Claims Tribunal, Jammu (hereinafter "the Tribunal" for brevity) in Claim No.231/2012 titled Nand Kishore Sharma and others v. Yash Pal Sharma and others, whereby and whereunder respondent Nos. 1 to 3 (hereinafter "the claimants" for short) have been held entitled to receive a compensation of Rs.7,38,400/- alongwith pendente lite and future interest @ 7.5% per annum.
(2.)The impugned award has been assailed by the insurer primarily on two grounds:-
(1) The Tribunal has not appreciated the fact that the driver of the offending vehicle i.e. respondent No.5, at the time of accident, was not holding a valid and effective driving license authorizing him to drive truck, a goods carriage commercial vehicle, and, therefore, the insurer was not liable to indemnify the insured and pay compensation to the claimants.

(2) The Tribunal committed serious error in not affording adequate opportunity to the insurer to lead its evidence, in that, the Tribunal failed to summon the owner and driver of the offending vehicle, cited as witnesses by the insurer, despite the fact that the insurer had sought assistance of the Tribunal to summon them and had deposited requisite diet expenses etc.

(3.)The insurer has, however, not challenged the quantum of compensation awarded to the claimants.
;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.