ORIENTAL INSURANCE CO. LTD. Vs. TARSEM LAL

JUDGEMENT

(1.) In this appeal filed under sec. 173 of the Motor Vehicles Act, 1988 (for short the Act) against the award passed by the learned Motor Accidents Claim Tribunal, Jammu (for short the Tribunal) in file No. 201/C on 4/4/2016. The respondent No. 1 (hereinafter referred to as the claimant) has filed the aforesaid claim petition on the grounds of injuries caused to him in an accident occurred on 14/5/2007 near Sangrampur, Tehsil Akhnoor, District Jammu, by the rash and negligent driving of the tractor i.e. offending vehicle bearing registration No. JK02 AA-0917 driven by the respondent No. 2. Both respondent No. 2- driver as well as the appellant-insurance company appeared before the Tribunal and filed their objections admitting that the offending vehicle was insured with the appellant- insurance company at the time of accident. On the pleading of the parties, the following issues were framed:

(2.) The claimant in order to prove his claim besides himself, examined eye witness, Om Parkash and Dr. Nirdosh Mahajan as well as has also produced the disability certificate on record. However, the appellant has examined only one witness i.e. Junior Assistant (Sumit Mangotra), RTO Office, Jammu. Respondent No. 1 i.e. owner/driver of the offending vehicle remained absent during the period of trial, as such, he was set ex parte.

(3.) The learned tribunal after considering the statement of the claimant as well as the FIR No. 89/2007 at Police Station, Domana and the evidence adduced, has rightly decided the Issue No. 1 in favour of the claimant and against the appellant holding that the accident occurred on 14/5/2007 which resulted in injuries to the claimant due to rash and negligent driving of the offending vehicle.