ORIENTAL INSURANCE CO. LTD. Vs. NEK MOHD

JUDGEMENT

(1.) In the instant appeal, award dtd. 23/11/2019 (for short "the impugned award") passed by the Motor Accident Claims Tribunal, Kathua (for short "the Tribunal") in the claim petition titled as "Nek Mohd Vs Gulam Abas alias Mohd Abas and Ors." has been thrown challenge to by the Insurance Company - appellant herein.

(2.) Facts emanating from the record would reveal that the respondent 1 herein filed a claim petition under Sec. 166 of the Motor Vehicles Act, 1988 for compensation for the injuries sustained by him in a vehicular accident having taken place on 2/9/2011 at Ganeer Bouli near Mahanpur at Dhar Road due to the rash and negligent driving of the driver of the vehicle bearing registration No. JK02H/5789. In the claim said petition, the claimant/respondent 1 herein besides impleading the driver of the offending vehicle as respondent, also impleaded the owner of the offending vehicle as well as the Insurance Company - appellant herein with whom the offending vehicle was insured on the date of accident.

(3.) Upon entertaining the claim petition, the Tribunal issued notice to the respondents in response to which the respondents 1 and 2 i.e. the driver and owner of the offending vehicle did neither appear not contest the claim petition, however, the respondent 3 - Insurance Company appeared and filed its objections to the claim petition whereafter, on the basis of the pleadings of the contesting parties, the Tribunal framed the following issues:-