SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2020 Supreme(J&K) 287

SANJEEV KUMAR
National Insurance Company – Appellant
Versus
Rinkoo Devi – Respondent


Advocates Appeared:
For the Appellant:Mr. C.S. Gupta, Advocate
For the Respondent No. 1 to 6:Mr. Vikas Sharma, Advocate.

JUDGMENT

The National Insurance Company is in appeal against award dated 25.09.2017 passed by the Motor Accident Claims Tribunal, Doda (hereinafter “the Tribunal” for short) in file No.55/Claim titled Rinkoo Devi and others v. Divisional Manager, National Insurance Company Limited and others, whereby and whereunder respondent Nos. 1 to 6 have been held entitled to compensation of Rs.14,05,000/- along with pendente lite and future simple interest @ 7.5% per annum.

2. The impugned award has been assailed by the appellant, inter alia on the following grounds:-

i) The Tribunal has failed to appreciate that there was no evidence on record to prove that there was causal connection of the injuries suffered in the motor accident with the death of the deceased and, therefore, no compensation could have been awarded to the legal representatives of the deceased.

ii) The Tribunal has also failed to deal with the defense of the appellant that the offending vehicle, at the time of accident, was overloaded and, therefore, the appellant was absolved of its liability to indemnify the insured.

3. With a view to appreciate the grounds of challenge urged by the appellant, it would be necessary to briefl

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top