NATIONAL INSURANCE COMPANY LIMITED Vs. RANI DEVI

JUDGEMENT

(1.) The National Insurance Company Limited ["the insurer"] is in appeal against the award dated 30th March, 2012 passed by the Motor Accident Claims Tribunal, Jammu [ "the Tribunal"] in file No.633/C titled Rani Devi v. Hans Raj and another, whereby respondent No.1 [ "the claimant"] has been held entitled to a sum of Rs.5,10,000/- along with pendente lite and future interest @ 7.5% as compensation for the injuries received by her in the accident involving the offending vehicle, a truck bearing registration No.JKR- 3647.

(2.) The appellant-insurer has not assailed the impugned award insofar as quantum of compensation is concerned. The insurer is primarily aggrieved of the findings of fact returned by the Tribunal on issue No.3 and fastening of the liability to indemnify the insured and pay compensation to the claimant on the insurer. Keeping in view the limited challenge thrown to the impugned award, it would be sufficient to set out only issue No.3 framed by the Tribunal, which reads thus:-

(3.) As is apparent, the onus of proof of issue No.3 was placed on the insurer and with a view to discharging its onus, the insurer examined RW-Faquir Ali, Record Keeper RTO, Jammu, RW-Muzaffer Ali, Motor Vehicle Transport Assistant, ARTO, Doda, RW-Ranjit Kumar, Statistical Assistant, RTO, Jammu, RW-Janak Singh, the driver of the offending vehicle, RW-Shiv Kumar Gupta, Administrative Officer of the insurer and one Hans Raj, the owner of the offending vehicle.