ORIENTAL INSURANCE CO. LTD. Vs. VIJAY KACHROO

JUDGEMENT

(1.) APPELLANT has challenged the award dated 14th of January, 2006 passed by learned Presiding Officer, Motor Accidents Claims Tribunal, Jammu in Claim Petition No. 508 (Claims) titled Vijay Knchroo and Ors. v. Oriental Insurance Co. and Ors. whereby and where under claim petition of the claimants -respondent Nos. 1 to 3 came to be allowed, for short 'impugned award'. It is necessary to notice brief facts of the case herein as under.

(2.) DECEASED Sh. Roshan Lal Raina was coming from Srinagar to Jammu in his departmental vehicle bearing registration No. JK02A -5786 which was hit by a Tipper bearing registration No. JK -14/2955 at Nandani and the deceased died on spot. The accident was the outcome of rash and negligent driving of the driver -respondent No. 5. FIR came to be lodged and the police swung into action.

(3.) APPELLANT -insurer resisted the petition by the medium of objections. Owner -insured has simply filed objections. Following, issues came to be framed: