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| HC dismisses appeals filed by Insurance Co challenging Tribunal award | | | Early Times Reporter
Jammu | Apr 2
Justice JP Singh of Jammu and Kashmir High Court today dismissed all the 13 petitions filed by the Oriental Insurance Company challenging the claims awarded by the Motor Accident Cases Tribunal (MACT).
After hearing Adv DS Chouhan appearing for the Oriental Insurance Company and Advocates PS Chandel, ML Gupta and GR Asgar appearing for the respondents, Justice Singh referred various judgments and observed that in view of the statement of counsel for the Insurance Company that the Insurance Company cannot deny its liability to satisfy the awards arising out the claim cases which had arisen out of use of Motor Vehicle in question. The sole question raised by Adv DS Chouhan appearing for the Insurance Company that the company was not liable to indemnify the owner and satisfy the claim in question because the vehicle in question had been plying with passengers in excess of its authorized capacity which would amount to violation of the terms and conditions of Insurance Policy, thus fails and is accordingly rejected. With these observations Court dismissed all the 13 appeals filed by the Oriental Insurance Company against the claims awarded by MACT.
The Insurance Company challenged the claims awarded by the MACT in an accident case that took place on December 31, 1999 near Gordhi District Udhampur on various grounds including that the vehicle was carrying 66 passengers beyond the authorized capacity of 44 passengers which was in violation of terms and conditions of the insurance policy and the appellant Insurer was not liable to indemnify the owner and pay the amount awarded in favour of the claimants. The Tribunal had awarded Rs 32, 51, 000 in favour of the claimants/ dependents of those who had died and injured in the accident of Bus-No JK02G-6807 JNF. |
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