BAJAJ ALLIANZ INSURANCE CO LTD Vs. RAFIQ AHMED

JUDGEMENT

(1.) This bunch of appeals filed by the Bajaj Allianz General Insurance Company Ltd (hereinafter referred to as the "insurer") arises out of a common award dated 30.09.2019 passed by the Motor Accident Claims Tribunal, Doda (hereinafter referred to as the "Tribunal") whereby in as many as seven claim petitions filed by the claimants who suffered multiple injuries in the motor vehicle accident that took place on 03.02.2013 when the offending vehicle which was being driven by respondent No.2 in a rash and negligent manner lost its control, have been decided by the Tribunal. The offending vehicle was a Balero Pick Up bearing Registration No. JK08B-8408.

(2.) The claimants, who suffered permanent disabilities of different types, filed claim petitions before the Tribunal seeking compensation from the owner-cum-driver, namely Jai Singh, respondent No.2 herein and also arrayed the insurer as party respondent. It is not in dispute that the offending vehicle was a goods vehicle and the same was insured with the insurer on the date of accident. The insurer alone contested the claim petitions, whereas respondent No.2 despite service chose not to appear and contest the claim petitions. He was, thus, set ex parte. The insurer filed its objections.

(3.) On the basis of the pleadings of the parties, the Tribunal framed the following issues: