OM PRAKASH Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) CLAIMING compensation of Rs. 1,57,000 for the damage caused to his house and movables lying therein when vehicle No. JK 02-G 3929, driven rashly and negligently by Vijay Kumar, its driver had steered off the road near Suankha morh, Vijaypur and barged into his newly constructed residential house, Om Parkash, owner of the house had filed Claim Petition No. 739/claims in Motor Accidents claims Tribunal, Jammu.

(2.) HIS claim petition was contested only by Oriental Insurance Co. Ltd. , the insurer of the offending vehicle because the owner and driver of the vehicle had opted not to appear before the Tribunal to contest the claim.

(3.) THE Tribunal had framed following issues to decide the claim petition, which for facility of reference are reproduced hereunder: (1) Did the petitioner suffer damage to his property in an accident which occurred on 26. 2. 2000 due to negligence of the driver of the vehicle bearing No. JK 02-G 3929? OPP (2) If issue No. 1 is proved, what com-pensation petitioner is entitled to? OPP (3) Relief. OP Parties