VIVEK SHARMA Vs. SOM DUTT
HIGH COURT OF JAMMU AND KASHMIR
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(1.) MOTOR Accidents Claims Tribunal, Jammu vide its common order dated 22.2.2002 decided four claim petitions including File No.212/claims. The appellants, who are the legal heirs of Shiv Kumar Sharma, claimant of
claim petition No.212/claims, are in appeal.
(2.) THE brief facts of the case are that on 5.8.1994 the claimant, Shiv Kumar Sharma, in the above referred claim petition, filed under
Section 166 of Motor Vehicle Act, was travelling in a Matador
No.JK02/7235 being driven by respondent No.1. The said matador turned
turtle around 7/7:15 AM, which resulted into serious injuries to its
passengers. The claimants left foot was completely crushed. He claimed
compensation from the driver/respondent No.1, owner/respondent No.2 and
the insurance company/respondent No.3. The learned Tribunal after holding
that the accident occurred due to the rash and negligent driving of
respondent No.1, found the claimant entitled to claim compensation of
Rs.3,23,000/ - minus the interim relief from the driver/respondent No.1
and owner/respondent No.2 alone, and absolved the Insurance Company from
its liability to indemnify on the ground that there was no insurance
policy in existence at the time of accident.
(3.) BEING aggrieved of the order of learned Tribunal, so far it absolved the Insurance Company of its liability to indemnify the
claimant, who died subsequently, the appellants/legal heirs of claimant
have filed this appeal.
I have heard learned counsel for appellants and the Insurance Company and have also perused the record.;
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