NEW INDIA ASSURANCE CO LTD Vs. NARESH KUMARI

JUDGEMENT

(1.) AN application came to be filed before the Presiding Officer, Motor Accident Claims Tribuna, Kathua under section 166 of the Motor Vehicles Act, wherein it is alleged that on 13.01.2002 Smt. Naresh Kumari respondent herein was traveling by vehicle bearing registration No. 4530 JK02. At Swan chak, this vehicle hit auto rikshaw as a result of which Smt. Naresh Kumari sustained multiple injuries, which resulted into her permanent disability. Alongside this petition, said Naresh Kumari came to file an application under section 140 of the Motor Vehicles Act claiming compensation under no fault scheme. It is further alleged in the application that offending vehicle on the date of accident was insured with the Petitioner -Insurance Company. The learned Tribunal below came to accept this petition and came to award Rs.25,000/ - as compensation under no fault scheme under section 140 of the Motor Vehicles Act and directed the Petitioner -Insurance Company to pay this amount to the claimant -respondent during the course of two months. This order came to be passed on 03.08.2002.

(2.) THE Petitioner -insurance company has assailed Order dated

(3.) 08.2002 in this writ petition under Article 227 of the constitution of India read with section 104 of -the constitution of Jammu and Kashmir. 3. Heard Learned counsel for the petitioner - Insurance Company.