KHAWJA MOHAMMAD QASIM KHAN Vs. NATIONAL INSURANCE COMPANY

JUDGEMENT

(1.) In terms of order dtd. 11/4/2022, an appeal, being MA no.89/2016, titled as Khawja Mohammad Qasim Khan v. National Insurance Company Limited and others, was dismissed for nonprosecution and consequently, the Registry was directed to diarise the Cross Objections, filed by respondent no.2.

(2.) In these Cross Objections, respondent no.2 seeks enhancement of compensation from Rs.2.15 Lakhs to Rs.5.00 Lakhs; besides grant of compensation on account of medical expenses, transportation, pain and agony, financial expenses @ Rs.50,000.00 each, along with 12% interest.

(3.) A claim petition, as perusal of the file would reveal, was filed by claimant/respondent no.2, before the Motor Accident Claims Tribunal, Kupwara (for short "Tribunal") on 26/6/1999, averring therein that his son, namely, Mohammad Farhan Khan, aged 07 years, died due to vehicular accident which took place on 11/10/1997 as a result of rash and negligent driving by driver of offending vehicle bearing registration no.JKC/4184. Written statement was filed by Insurance Company, stating therein that offending vehicle was not insured at the relevant time. In view of pleadings of parties, the Tribunal framed four issues for determination of the claim and parties were directed to lead evidence. Claimant/respondent no.2 examined himself and one witness. Insurance Company examined two witnesses. The Tribunal vide impugned Award dtd. 18/4/2016 allowed claim petition and awarded a total compensation of Rs.2.15 Lakhs with 6% interest per annum from the date of institution of claim till final realization.