NATIONAL INSURANCE CO. LTD Vs. PARAMJIT SINGH

JUDGEMENT

(1.) This Civil 1st Miscellaneous Appeal is directed against the judgment and award dated 03.10.2011 passed by the Motor Accidents Claims Tribunal, Jammu, in File No. 307/Claim, titled as, Paramjit Singh v. Smt. Narinder Kour & anr., whereby an award of Rs. 2,70,000/- along with interest @ 7.5% from the date of filing of the claim petition till its realization came to be awarded in favour of claimant-respondent No. 1 herein, and against the appellant herein, who has been saddled with the liability to satisfy the awarded amount (for short, impugned award), on the grounds taken in the memo of appeal.

(2.) Appellant-insurer appeared before the learned Tribunal and following preliminary issue came to be framed:

(3.) In terms of order dated 29.08.2005 the learned Tribunal while deciding the aforesaid preliminary issue against the claimant-respondent No. 1 dismissed the claim petition. Claimant-respondent No. 1 dismissed the claim petition. Claimant-respondent No. 1 questioned the same before this Court by the medium of appeal, which came to be allowed vide order dated 27.04.2007 with a direction to the Tribunal to decide the preliminary issue as well as other issues after recording the evidence. Accordingly, the claim petition was remanded to the learned Tribunal for fresh trail in accordance with law.