AMIT CHOUDHARY Vs. ORIENTAL INSURANCE CO. LTD.
LAWS(J&K)-2020-5-7
HIGH COURT OF JAMMU AND KASHMIR
Decided on May 19,2020

Amit Choudhary Appellant
VERSUS
ORIENTAL INSURANCE CO. LTD. Respondents


Referred Judgements :-

RAJ KUMAR VS. AJAY KUMAR [REFERRED TO]
RAJ KUMAR VS. AJAY KUMAR [REFERRED TO]


JUDGEMENT

SINDHU SHARMA,J. - (1.)Both the appeals are against the common award dated 25.01.2017 passed by the learned Motor Accident Claims Tribunal, Jammu (hereinafter to be referred to as 'the learned Tribunal') presided over by the learned 1st Additional District Judge, Jammu.
(2.)The award has been challenged by the Insurance Company inter alia on the ground that since application under Section 170 of Motor Accident Claims Tribunal, Jammu was never decided, therefore, the Insurance Company could not defend the claim petition. But it is admitted case of the appellant/Insurance Company that even without allowing the application, counsel for the appellant was able to cross-examine all the witnesses examined by the claimant. However, all the defence raised by the appellant/Insurance Company have not been reflected and an award of Rs. 9,42,252/- was passed by the learned Tribunal with 10% annual interest.
(3.)Grievance of the Insurance Company is that amount awarded is excessive and the interest awarded higher than what has been awarded by the Hon'ble Apex Court.
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