HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

MA No. 233/2009

Reserved on : 29.03.2022

Pronounced on : 13.04.2022

United India Insurance Co. Ltd.

…..Appellant(s)

Through: Mr. Vishnu Gupta, Advocate

Vs.

Kuldeep Singh and another

.…. Respondent(s)

Through: Mr. Suneel Malhotra, Advocate

Coram:

HON’BLE MR. JUSTICE TASHI RABSTAN, JUDGE

JUDGMENT

1.

The appellant-Insurance Company has filed the present appeal,

challenging the award dated 19.03.2009 passed by the Motor Accidents Claims

Tribunal, Jammu in File No. 573/Claim titled <Sachin Dhar vs. Kuldeep Singh

and anr.=

Brief facts :-

2.

The respondent No. 2, namely, Sachin Dhar alias Billoji has filed

a claim petition before the Motor Accidents Claims Tribunal, Jammu, wherein

it was alleged that he is an adopted son of the deceased Jia Lal S/o Shankar

Pandit, 78 years old bachelor, who was allegedly injured in a road accident

which took place on 24.07.2006 near Mahesh Pura Chowk, Jammu due to rash

and negligent driving of Mini Bus No. JK02T/8232, resultantly, the deceased

died on 31.07.2006 and accordingly, the respondent No. 2 has filed the claim

petition for grant of compensation to the tune of Rs. 10 Lakhs on account of

death of the deceased Jia Lal.

3.

It is narrated by the claimant before the Tribunal that on

24.07.2006 the deceased Jia Lal was on foot near Maheshpura Chowk and was

waiting for a bus at about 3.30 pm, meanwhile the offending matador bearing

2 MA No. 233/2009

No. JK02T 8232 being driven in a rash and negligent manner by the driver

who could not keep control over the speed of the vehicle and thus hit the

deceased, consequently causing grievous injuries to him and accordingly the

deceased was shifted to Govt. Medical College Hospital, Jammu and remained

under treatment upto 31.07.2006. It is alleged that the claimant being an

adopted son of the deceased Jia Lal has spend an amount of Rs. 35,000/ - on

treatment of the deceased. It is further alleged that the deceased at the time of

his death was of 65 years old and was doing tuition work, earning 4,000/- per

month.

4.

Objections have been filed by the appellant herein before the

Tribunal. The Tribunal after considering the pleadings of the parties has

framed the following issues:-

<1. Whether an accident occurred on 24.07.2006 near Maheshwara

Chowk Bakshi Nagar, Jammu by rash and negligent driving of

offending vehicle No. JK02T 8232 being driven in the hands of

erring driver in which deceased Jia Lal sustained fatal injuries?

OPP

2.

If issue No. 1 is proved in affirmative whether petitioner is entitled

to the compensation; if so to what amount and from whom? OPP

3.

Whether driver of offending vehicle at the time of accident was not

holding valid and effective driving license and drove the vehicle in

violation of terms and conditions of insurance policy; if so how

and what is its effect?

OPR-2

4.

Whether claim petition is bad for non-joinder of necessary

parties; if so which are necessary parties and how?

OPR-2

5.

Relief.

O.P. Parties=

5.

The Tribunal, accordingly, directed the parties to lead evidence

and the claimant besides himself has also examined PW Girdhari Lal and PW

J.K. Raina in support of his claim petition. The respondent-insurer/appellant

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herein has not examined even a single witness in rebuttal, though opportunities

were afforded.

6.

The claim petitioner in his statement deposed that the deceased Jia

Lal was his father and was living with him. He is the only son of the deceased.

It is also deposed that his father at the time of accident was 65 years old and

was doing tuition and earning Rs. 8/9 thousan