High CourtsSingle Bench(2016) 10 J&K CK 0017

National Insurance Co. Ltd. vs Harbajan Singh

Jammu And Kashmir High Court · Decided on 6 October 2016 · Citation: (2017) AAC 915

HON’BLE JUDGES
Ramalingam Sudhakar, J.
RESULT
Disposed Off
CASE NUMBER
CIMA No. 69 of 2007

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Judgment

13 paragraphs · 218 words

Ramalingam Sudhakar, J.—These appeals are of the year 2007.

2.

It is a case of injury. None appears for the respondents.

3.

These two appeals by the Appellant-Insurance Company thereby challenging the quantum of compensation granted in the case of injury. In the

first case, Rs.25,000/- has been granted and in the other Rs.50,000/- has been granted to the claimants and both were riding on a Scooter. They

suffered injury in the accident near Bharat Small Arms, Kathua on National High Way on 2.4.1992 when their Scooter was hit by offending Bus

bearing registration No. JK02A-9835 driven rashly and negligently by its driver.

4.

Considering the meager compensation granted, the date of accident and the age of the injured claimant, the compensation is not excessive and it

does not warrant reduction.

5.

On the question of no licence, the Tribunal held that the driver was not having the valid driving licence, the Insurance Company is not liable to

pay the compensation and should have been recovered from the owner of the vehicle, which the Tribunal failed to do so.

6.

To that extent, the appeals are allowed giving liberty to recover the amount from the owner of the vehicle. Insofar as quantum of compensation

is concerned, it stands confirmed.

7.

The appeals stand disposed in terms as above.