ORIENTAL INSURANCE COMPANY LIMITED Vs. MOHAN LAL AND ORS.
LAWS(J&K)-2020-8-81
HIGH COURT OF JAMMU AND KASHMIR
Decided on August 05,2020

ORIENTAL INSURANCE COMPANY LIMITED Appellant
VERSUS
Mohan Lal and Ors. Respondents




JUDGEMENT

- (1.)These seven appeals by the Oriental Insurance Company Limited (hereinafter referred to as 'the insurer') are directed against the composite award dated 03.05.2019 passed by the Motor Accident Claims Tribunal, Udhampur (hereinafter 'the Tribunal') in File Nos. 45/Claim titled Sham Lal and others v. Rajinder Kumar and others, 37/Claim titled Channa Devi and others v. Oriental Insurance Company Limited and others, 43/Claim titled Kaushyla Devi and others v. Rajinder Kumar and others, 90/Claim titled Rashpal Singh v. Rajinder Kumar and others, 88/Claim titled Mohan Lal v. Rajinder Kumar and others, 89/claim titled Bodh Raj v. Rajinder Kumar and others and 44/Claim titled Kewal Kumar v. Rajinder Kumar and others. The Tribunal vide impugned award dated 03.05.2019 has awarded different sums in different claim petitions along with interest @ 7.5% per annum from the date of institution of the claim petition till realization of the amount. The Tribunal has also directed that the awards in all the claim petitions are to be satisfied at the first instance by the appellant within a period of sixty days and after due satisfaction, respondent No.3 shall recover the same from owner, the respondent No.3.
(2.)Briefly put, the facts leading to the filing of these appeals are that on 24.11.2012 at 4.30 p.m., a motor vehicular accident involving bus bearing Regd. No.JK02J-1735 took place at Dharman (Dudu), District Udhampur due to rash and negligent driving of the offending vehicle by its driver-the respondent No.2. The travelers suffered multiple injuries. Some of them succumbed to the injuries and others suffered disablements of different nature. Next of kins of the deceased filed claim petitions seeking compensation on account of loss of their breadwinner and some petitioners claimed compensation for the disablement they suffered in the accident . The claim petitions were contested by the appellant only. The driver and owner of the offending vehicle did not appear before the Tribunal and were accordingly set ex-parte. On the basis of the pleadings of the parties, the Tribunal framed the issues and asked the parties to lead their evidence to substantiate their claims. The claimants have led evidence to prove their claims, however, the appellant-insurer has not produced any evidence. The Tribunal on the basis of the evidence on record decided the claim petitions vide common award dated 03.05.2019. It is this award of the Tribunal, which is impugned in these appeals.
(3.)The appellant-insurance company besides challenging the award of the Tribunal on quantum, has also raised the issue of overloading.
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