Oriental Insurance Co. Ltd vs Jaswant Singh And Another
2021 Latest Caselaw 984 j&K

                                                                    Serial No. 80




      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                      AT JAMMU

                                                        MA No. 236/2014



Oriental Insurance Co. Ltd                                  ...Appellant(s)


                   Through:- Mr. Suneel Malhotra, Advocate.

                          v/s

Jaswant Singh and another                                 ...Respondent(s)

                    Through:- Mr. P.S. Chandel, Advocate for R-1.



Coram:       HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE

                                         ORDER

1. The present appeal is directed under Section 173 of the Motor

Vehicles Act, against an award dated 21.02.2014 (for short 'impugned

award') passed by the Motor Accident Claims Tribunal, Udhampur in claim

petition titled as "Jawant Singh Vs. Rama Kant and another".

2. According to learned counsel for the appellant-Insurance Company,

while passing the impugned award, the Tribunal committed an error granting

interest on future loss of income and granted compensation twice for loss of

income on account of transportation and loss of income during

hospitalization of the victim-injured.

3. According to the learned counsel, the impugned award thus, needs to

be modified and reduced by an amount of Rs. 2 lacs in the light of judgment

passed by this Court in case titled as "National Insurance Company Vs.

Deep Raj and others" reported in 2002 (2) JKJ 132.

4. Learned appearing counsel for the respondents while defending the

impugned award yet, fairly concedes to the position of law laid down in the

judgment (supra) of this Court and agrees to the proposition of the learned

counsel for the appellant-Insurance Company for reduction of the impugned

award by an amount of Rs. 2 lacs.

5. Having regard to the aforesaid position, the impugned award is

modified by reducing the award amount to a total sum of Rs. 26,37,211/-

instead of Rs. 28,37,211/-.

6. Appeal accordingly, is settled and disposed of.

7. The amount of award now settled by this Court shall be released in

favour of the claimant-respondent No.1 along with interest that may have

accrued thereon the said amount till its realization, subject to his

identification and verification by his counsel.

8. The rest of the excess amount, along with interest accrued thereon be

refunded/released to the appellant-Insurance Company.

(JAVED IQBAL WANI) JUDGE

Jammu 27.08.2021 Renu

RENU BALA 2021.09.01 13:57 I attest to the accuracy and integrity of this document