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

2022 Supreme(J&K) 499

SANJAY DHAR
Oriental Insurance Company Limited – Appellant
Versus
Meena Sharma – Respondent


Advocates appeared:
D.S. Chouhan, Advocate, for the Appellant; Mohd. Salim Khan and D.K. Khajuria, Advocates, for the Respondents

JUDGMENT

Sanjay Dhar, J. - The appellant-Insurance Company has challenged the award dated 30.05.2010 passed by the Motor Accidents Claims Tribunal, Jammu (for short, 'Tribunal') whereby the claimant-respondent no. 1 has been found entitled to compensation of Rs. 1,89,800/- along with interest @ 7.5% per annum.

2. It appears that on 13.09.2006, respondent no. 1-claimant suffered an accident in which offending vehicle bearing registration no. JK02R-1246 that was being driven rashly and negligently by its driver-respondent no. 3 was involved. The vehicle in question belonged to respondent no. 2. The injured-respondent no. 1 suffered permanent disability to the extent of 32% and she filed a claim petition before the Tribunal. Accordingly, the impugned award was passed in favour of the respondent no. 1 and the liability to satisfy the amount was fastened on the appellant-insurance company.

3. One of the issues framed by the learned Tribunal was relating to the question as to whether the offending vehicle was being driven in violation of the terms and conditions of the insurance policy. The learned Tribunal after analyzing the evidence on the said issue, came to the conclusion that the appe

    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