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2020 Supreme(J&K) 211

SANJEEV KUMAR
Rattan Kumar – Appellant
Versus
National Insurance Company Limited – Respondent


Advocates Appeared:Advocates Appeared:
For the Appellant :Mr. Sanjay Sharma, Advocate
For the Respondent:Mr. Rajesh Kumar, Advocate

JUDGMENT :

1. This appeal filed by one Rattan Kumar, owner of vehicle No.JK11-6530, is directed against order dated 31.01.2017 passed by the Motor Accident Claims Tribunal, Rajouri, whereby the application filed by the appellant for setting aside ex-parte award dated 28.03.2016 has been dismissed being barred by limitation. It is submitted that a claim petition was filed by respondent No.2 seeking compensation on account of 50% permanent disablement suffered by him in a motor vehicle accident that happed on 26th October, 2012 due to rash and negligent driving of vehicle No.JK11-6530 by its driver.

2. The appellant, on being put on notice, appeared before the Tribunal and filed detailed objections and took a specific plea that the offending vehicle, at the time of accident, was fully insured with respondent No.1 and, therefore, the Insurance Company was liable to indemnify the appellant and pay compensation to respondent No.2. It submitted that on the basis of the pleadings of the parties, three issues were framed and the Tribunal after evaluating the evidence on record, awarded a sum of Rs.4,15,000/- as compensation along with interest @7.5% per annum in favour of respondent No.2 but

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