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Court awarded dependency compensation Rs 54 lacs in accident case
4/17/2010 11:29:41 PM
EARLY TIMES REPORT
Jammu, Apr 17: Court awarded more than 54 lacs as dependency compensation in a road traffic accident case. Presiding Officer Motor Accident Claim Tribunal Jang Bhadur Singh Jamwal in a claim petition filed by the family of deceased Manjeet Singh reportedly a manager of J&K Bank who died in road accident on December 20, 2008 at Narwal Bye-Pass, has directed ICICI Lombard Mumbai to pay Rs 54, 30, 000 to the family of the deceased as loss of dependency.
According to the case, on December 20, 2008 at Narwal Bye Pass at 1:45 PM when Manjeet Singh was traveling on his scooter reached near Narwal Bye Pass, a truck No JK02-AH-8115 coming from the side of Nagrota towards Narwal having been driven by Gunwant Singh who is also owner of the truck, in a rash and negligent manner hit the scooter of the deceased in which the deceased sustained injuries and later succumbed. Counsel for ICICI submitted that amongst other grounds the driver of the offending vehicle did not possess valid and effective driving licence at the relevant time of the accident, violated the terms and conditions of the insurance policy, the claim petition is false, concocted, manipulated and farfetched. ICICI while admitting the currency of the insurance policy has finally prayed for the dismissal of the claim petition. Upon this Court said ICICI despite opportunities provided has not produced even an iota of evidence to prove the respondent No 2 was not having the driving license at the relevant time of the accident.
Jang Bhadur Singh Jamwal after hearing both the sides and referred the documents and oral arguments of both the sides said that Section 149 of M. V. Act, the respondents are hereby required for liquidation of all claims whatever is granted by this court. Accordingly, the ICICI has to indemnify the owner of the vehicle for 3rd party risk. As this issue has been decided against the ICICI there is no doubt now left to presume that it is the respondent No.1 who has to satisfy the award ultimately and awarded 54,30,000 with interest 7.50% from the date of filling. Whole of the amounts, a sum of Rs 10 lacs each shall be paid to the minor daughter and son of the deceased which shall be kept in fix deposits on the name of the minors till they attain majority. Rs 5 lacs shall be paid to the mother of the deceased and remaining amount shall be paid to the widow of the deceased namely Satinder Kour, 50% of which shall be kept in fix deposits in the names of the widow and mother of the deceased for a period of five years, however, they are at liberty to receive the monthly interest if so required. --JNF
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