RELIANCE GENERAL INSURANCE CO. LTD Vs. ANU KUDYAR

JUDGEMENT

(1.) The claim petition filed by the respondent Nos. 1 to 4 herein stands decided by the learned Motor Accidents Claims Tribunal, Jammu vide Award dtd. 30/8/2012 and which stands impugned in the present appeal filed by the Insurance Company.

(2.) The Award passed by the Tribunal is challenged in the appeal on the ground that the accident in question was as a result of rash and negligent driving of the vehicle driven by respondent No.9 only (herein Vijay Kumar) is not proved though held to be so by the Tribunal. The accident itself is under cloud as per the appellant as the victim-Suraj Parkash Kudyar, who is stated to have been injured, was not taken to the Government Hospital which was near the place of accident i.e. Main Stop Gandhi Nagar, Jammu but to ASCOM Hospital which is at a quite distance from the place of occurrence. The cause of death recorded in the medical certificate is cardiac arrest and there is no mention in the certificate of the accident being cause of death. The FIR was lodged on the next day of the alleged occurrence by Ashwani Kumar employee in the clinic doctor of Rattan Kudyar who is brother of deceased though he does not cite himself as the victim in the occurrence. The award is also challenged on the ground that the driver of the so called offending vehicle was not holding licence at the time of accident. The Tribunal has otherwise awarded excess compensation in favour of the petitioners. As per law as it has awarded the amount for those heads in which evidence has not been brought on record by the petitioners.

(3.) The respondents-claimants No.1 to 4 in the appeal have appeared to contest the appeal. Rest of the respondents have not appeared despite service and have been set ex-parte.