NEW INDIA ASSURANCE CO LTD Vs. MOHINDER SINGH
HIGH COURT OF JAMMU AND KASHMIR
NEW INDIA ASSURANCE CO LTD
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BHAWANI SINGH, J. -
(1.) THIS Letters Patent Appeal is directed against the Judgment of Single Judge in CIMA No. 49/1995 dated March 05, 1998.
(2.) BRIEFLY , the material facts of the case may be discussed hereafter.
(3.) ON August 07, 1991 Truck Numbers JKS -4481 and JKQ -4456 driven by Mohinder Singh and Kailash Chander Pradhan collided with each other at
a Cause -way near village Diani, Pathankot Jammu National High Way at 10
AM. Allegation is that Kailash Chander Pradhan was driving the offending
Truck at high speed and in a negligent manner with the result that he
could not control the same and served it to the wrong side resulting in
collusion with the Truck of the Claimant who was driving on the left side
of the road at a low speed. In this accident, Mohinder Singh suffered
serious injuries. He was shifted to Government Hospital Samba and
thereafter to Government Medical College, Ludhiana where he re -gained
consciousness after some time. He remained as an in -door patient for two
and half month and was subjected to operation five times. Compensation of
Rs. 9, 72,000/ -was claimed and the Tribunal awarded Rs. 4, 60,000.
Despite service, owner and the driver of the offending Vehicle remained absent and were proceeded ex -parte leaving the appellant to
contest the claim in the Tribunal. Defence taken is that the offending
vehicle was being driven in contravention of the terms and conditions of
the Insurance Policy, therefore, it was not liable to indemnify the
insured. It is also alleged that Claim Petition is barred by time and
claim for compensation was exaggerated.;
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