LAWS(J&K)-2021-9-119

ORIENTAL INSURANCE CO. LTD Vs. ASHA DEVI

Decided On September 17, 2021
ORIENTAL INSURANCE CO. LTD Appellant
V/S
ASHA DEVI Respondents

JUDGEMENT

(1.) When the matter was called, no one has caused appearance on behalf of the respondents-claimants. A perusal of order sheets reveals that earlier also on several dates of hearing, respondents remained unrepresented. Therefore, this Court is left with no other option but to dispose of this appeal on the basis of pleadings and averments made in the appeal.

(2.) The present appeal has been filed against the award dtd. 31/1/2011 passed by the Presiding Officer, Motor Accident Claims Tribunal, Kathua, hereinafter referred to as Tribunal? in file No. 52/Claim, title "Asha Devi and Others Vs. Raj Kumar and Others.". The aforesaid claim was allowed with a direction to the insurance company to pay an compensation amount of Rs.6,10,000.00 to the respondents along with interest @ 7.5 % till liquidation of the whole amount minus the interim compensation if any received by the claimants under Sec. 140 of the Motor Vehicle Act.

(3.) The parties were directed to lead evidence before the Tribunal and after appreciation of the evidence lead by the parties, the Tribunal on the basis of statements of the witnesses and on perusal of the record annexed with claim petition, came to the conclusion that compensation amounting to Rs.6,10,000.00 shall be paid to the claimants-respondents herein by the insurance company along with interest @ 7.5% till liquidation of the whole amount.