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| Court upholds insurance claim, dismiss company petition | | | Early Times Report
Jammu, Jan O7- Dismissing the appeal filed by an Insurance Company against the award given by the MACT, Justice Vinod Kumar Gupta of J&K High Court Jammu Wing has upheld the compensation of award and held that the appellant insurance company in this case cannot challenge the quantum of award by way of appeal
This order was passed in an an appeal filed by National Insurance Company against the award April 9, 2008 passed by MACT Udhampur whereby an amount of Rs 5, 45, 000 along with interest @ 7.5% was awarded as compensation in favour of respondents.
Justice Gupta, after hearing Adv Sunil Malhotra appearing for the Insurance Company,
Adv Raghu Mehta appearing for the respondents and Adv KK Pangotra appearing for
the driver, observed that in view of the law settled by the Apex Court, the appellant
Insurance company in this case cannot challenge the quantum of award by way of appeal
because no requisite permission has been obtained by the appellant Insurance
company from the Tribunal u/s 170 of MV Act 1988. Going through the award of the
Tribunal, Justice Gupta said that Tribunal has awarded the amount of compensation Rs 5,
45, 000 along with interest @ 7.5% PA properly and hence the appeal is dismissed. JNF
According to the case on March 11, 2001, the deceased Dheeraj Singh son of respondents died in accident while he was driving his motorcycle and hit by Tata Mobile which was driven in rash and negligent manner by the driver. In the appeal it was mentioned that the Driver of the Vehicle Dev Dutt was not holding valid and effective driving license at the time of accident.
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