ORIENTAL INSURANCE COMPANY LIMITED Vs. MEENA SHARMA

JUDGEMENT

(1.) The appellant-Insurance Company has challenged the award dtd. 30/5/2010 passed by the Motor Accidents Claims Tribunal, Jammu (for short, 'Tribunal') whereby the claimant-respondent no. 1 has been found entitled to compensation of Rs.1,89,800.00 along with interest @ 7.5% per annum.

(2.) It appears that on 13/9/2006, respondent no. 1-claimant suffered an accident in which offending vehicle bearing registration no. JK02R-1246 that was being driven rashly and negligently by its driver-respondent no. 3 was involved. The vehicle in question belonged to respondent no. 2. The injured-respondent no. 1 suffered permanent disability to the extent of 32% and she filed a claim petition before the Tribunal. Accordingly, the impugned award was passed in favour of the respondent no. 1 and the liability to satisfy the amount was fastened on the appellant-insurance company.

(3.) One of the issues framed by the learned Tribunal was relating to the question as to whether the offending vehicle was being driven in violation of the terms and conditions of the insurance policy. The learned Tribunal after analyzing the evidence on the said issue, came to the conclusion that the appellant-insurance company has not been able to prove the said issue.