ORIENTAL INSURANCE COMPANY Vs. KARAMJEET SINGH

JUDGEMENT

(1.) The Civil First Miscellaneous Appeal on hand is directed against the award passed by Motor Accident Claims Tribunal, Kishtwar in claim petition titled Karamjeet and anr. v. Oriental Insurance Company Ltd. and Ors. (21 /Claim of 2003), whereby the Tribunal has awarded an amount of Rs. 6,35,728/- in favour of the claimants with interest @ 6% per annum from the date of filing of the claim petition, till its final realization. The facts relevant to the disposal of the appeal are as under:-

(2.) The petition was opposed by the appellant on the grounds that as per the information received, the offending vehicle at the time of accident was over loaded and being plied in contravention of terms and conditions of the insurance company. The appellant also disputed the claim set up in the petition and labelled the amount demanded as excessive and unwarranted. The additional plea raised was that the owner of the offending vehicle violated the terms and conditions of the insurance policy inasmuch as the driver employed by insured was not holding effective and valid driving licence at the time of accident and that registration certificate and route permit of the vehicle were not in order.

(3.) The Tribunal on perusal of the pleadings settled following issues:-