TEJ RAM Vs. RAJINDER SINGH

JUDGEMENT

(1.) Despite service respondent Nos. 1 and 2 are not present. Accordingly they are set ex parte.

(2.) Heard. Claimant, respondent No. 1, namely, Rajinder Singh, the victim of a vehicular accident, filed a claim petition before the Motor Accidents Claims Tribunal, Jammu in the year 2001 for grant of compensation. The driver, owner-insured and the insurer Oriental Insurance Co. Ltd. appeared and contested the claim petition. The following issues came to be framed by the learned Tribunal:

(3.) Claimant, respondent No. 1, examined the witnesses. The insurer, respondent No. 3, also examined the witnesses. However, the driver and owner of the offending vehicle did not examine any witness. The learned Tribunal after scanning the statements of the witnesses and hearing the learned counsel for the parties, granted the claim petition and awarded an amount of Rs. 1,59,200 with 9 per cent interest in favour of claimant-respondent No. 1 and against the owner-insured and the insurer. However, the insurer, respondent No. 3, has been given the right of recovery from the owner-insured. Feeling aggrieved, the appellant owner-insured has questioned the award by the medium of this appeal so far as it relates to the recovery.