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2020 Supreme(J&K) 277

SANJEEV KUMAR
Oriental Insurance Company Limited – Appellant
Versus
Santosh Kumari – Respondent


Advocates Appeared:
For the Appellant(s):Mr. Suneel Malhotra, Advocate
For the Respondent(s):Mr. J.P. Gandhi, Advocate for legal heirs of deceased-claimant Anil Kumar and None for other respondents

Judgment

Sanjeev Kumar, J.—The Oriental Insurance Company Limited [“the insurer”] is in appeal against the award dated 29.03.2014 passed by the Motor Accident Claims Tribunal, Jammu [“the Tribunal”] in claim No.02/2010 entitled Anil Kumar v. Sanjay Kumar and others, whereby the injured-Anil Kumar, now deceased, has been awarded a compensation of Rs. 11,94,000/- along with pendente lite and future interest @ 7.5% per annum for the permanent disablement suffered by him in the motor vehicle accident.

2. With a view to appreciate the grounds of challenge urged by the insurer to assail the impugned award, a brief reference to the factual matrix would be advantageous.

3. The claimant-Anil Kumar (now deceased) suffered a motor vehicle accident on 13th May, 2006, when the motor cycle he was riding had a head on collision with Matador bearing Regd. No.JK02G-2147 (offending vehicle). The aforesaid Anil Kumar suffered grievous injuries and as per the doctor attending him, he suffered permanent disablement to the extent of 75%. The claimant-Anil Kumar filed a claim petition before the Tribunal seeking a compensation of Rs.37,00,000/-for the injuries and 75% disablement suffered by him. The cla

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