ORIENTAL INSURANCE CO LTD Vs. OMKAR SINGH
LAWS(J&K)-2006-4-22
HIGH COURT OF JAMMU AND KASHMIR
Decided on April 04,2006

ORIENTAL INSURANCE CO LTD Appellant
VERSUS
OMKAR SINGH Respondents

JUDGEMENT

- (1.) ORIENTAL Insurance Company has approached this Court under Section 173 of Motor Vehicles Act, 1988 to question award dated 31.12.2002 of Motor Accidents Claims Tribunal, Ramban, awarding an amount of Rs.71,000/ - (Rupees seventy one thousand) to claimant/respondent No.3, alongwith interest @ 7% per annum.
(2.) SH . Vishnu Gupta, learned counsel for the appellant Insurance Company, questioned the quantum of compensation awarded by the Tribunal to Mst. Sakeena Begum for the injuries received by her on 31.03.2001, when a goods vehicle bearing registration No.PB06 -5277 driven by Omkar Singh from Srinagar to Jammu, hit Mst. Sakeena Begum at Chanderkote.
(3.) SH . O. P. Thakur, learned counsel appearing for respondent No.3/claimant, raised a preliminary objection that the appeal by the Insurance Company may not be maintainable as the Company had not sought requisite permission under Section 170 to contest the claim petition on defences, which could have been raised by the owner and the driver of the vehicle. Sh. Thakur relies on 'National Insurance Co. Ltd., Chandigarh v. Nicolletta Rohtagi & Ors. reported as 2002 (6) Supreme 362. Sh. Vishnu Gupta relied upon 'National Insurance Co. Ltd. v. Bashir Ahmad Gojri and others reported as 2000 ACJ 1108, a Single Judge judgment of this Court holding that the permission under Section 170 of the Motor Vehicles Act, 1988, will be deemed to have been granted if the Insurance Company had been permitted to cross -examine the witnesses on all those defences, which were available to owner/driver of the vehicle, regardless of its having not been specifically permitted by the Tribunal so to do.;


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