ORIENTAL INSURANCE CO. LTD. Vs. SUNITA GUPTA
LAWS(J&K)-2020-12-21
HIGH COURT OF JAMMU AND KASHMIR
Decided on December 16,2020

ORIENTAL INSURANCE CO. LTD. Appellant
VERSUS
SUNITA GUPTA Respondents




JUDGEMENT

TASHI RABSTAN,J. - (1.)The subject matter in both these appeals is award dated 28.02.2014 passed by the Motor Accidents Claims Tribunal, Jammu in File No.453/2012, titled as, Sunita Gupta and another vs Oriental Insurance Company Limited and others, whereby, by an amount Rs.25,08,000/- along with pendentelite and future interest @ 7.5% p.a. in favour of claimants and against the insurance company, appellant herein.
(2.)Since both the appeals have arisen out of common judgment/award with respect to the same accident, deceased is the same person in both the appeals and as common question of facts and law are involved in both the appeals, I deem it proper to deal with both the appeals by this common judgment.
(3.)Factual matrix of this case, as gathered from the impugned award, is that, on 11.09.2012, deceased Ishan Jandial, son of claimants was going from Jammu towards Samba and when he reached near LIC Office, opposite Bhargava College on National Highway, Samba, he was hit by an offending vehicle which was a Truck bearing No.JK08-7669, as a result of which he died on spot. Claimants-parents of Ishan Jandial, namely, Sunita Gupta and Manohar Lal filed a claim petition before the learned Motor Accident Claims Tribunal, Jammu, for claiming compensation. Oriental Insurance Company Limited contested the claim petition and the following issues came to be framed:
1. Whether an accident took place on 11.09.2012 near LIC Office, Opposite Bhargav College on NHW Samba by rash and negligent driving of offending vehicle bearing registration No.JK08-7669 by its driver respondent no.3, as a result of which deceased Ishan Jandial received fatal injuries? (OPP)

2. If issue no.1 is proved in affirmative, whether petitioners are entitled to compensation; if so to what amount and from whom? (OPP)

3. Whether the driver of offending vehicle was not holding a valid and effective driving licence at the time of the accident and whether there was violation of terms and conditions of policy of insurance? If so, to what effect? (OPR-1)

4. Relief? (O.P. Parties)

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