Serial No. 14
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case:- MA No. 462/2012
National Insurance Co. Ltd. through its Dy. Appellant(s)
…..
Manager, TP-Hub, Shalimar Building,
Shalimar Road, Jammu.
Through: Mr. Baldev Singh, Advocate.
Vs
1. Irshad Ahmad Wani son of
Mohd. Afzal Wani resident
of Alinbass, Tehsil Banihal.
2. Arshad Ahmad Wani son of
Shamas-ul-Din Wani
resident of Alinbass, tehsil
Banihal (Owner of offending
vehicle).
3. Shabir Ahmad Wani son of
Mohd. Afzal Wani resident
of Alinbass, Tehsil Banihal
(Driver of offending vehicle)
.…. Respondent(s)
Through: Mr. Irfaan Khan, Advocate for R-1.
Coram: RAHUL BHARTI, JUDGE
HON’BLE MR. JUSTICE
ORDER
(30.04.2024)
1. This is an appeal under section 173 of the Motor Vehicles
Act, 1988 by the appellant i.e., National Insurance Co. Ltd
against an award dated 04.07.2012 passed by the Motor
Accident Claims Tribunal, Ramban on file No. 53/2011 titled
Wani Vs. National Insurance Company
“Irshad Ahmad
along with file No. 54/2011 titled
and ors” “Bilal Ahmad
thereby
Wani Vs. National Insurance Company and ors”
granting compensation of an amount of Rs. 45,200/- in
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MA No. 462/2012
favour of the respondent No. 1/claimant-Irshad Ahmad
Wani on claim file No. 53/2011. The compensation has been
granted under o fault provision under section
“N liability”
140 of the Motor Vehicles Act, 1988 and the claim petition
was even disposed of.
2. The offending vehicle was owned by the respondent No. 2-
Arshad Ahmad Wani and was driven by the respondent No.
3-Shabir Ahmad Wani.
3. The respondent No. 1/claimant, namely, Irshad Ahmad
Wani was travelling in the said vehicle when it met with an
accident on 10.09.2010 at Nachalana on NHIA while on way
from Banihal to Alinbass. The respondent No. 1/claimant
suffered injuries on account of the said accident.
4. Section 140 of the Motor Vehicles Act was rightly applied by
the Motor Accident Claims Tribunal (MACT), Ramban to
award the compensation in favour of the respondent No.
1/claimant and, therefore, this Court sees no illegality or
perversity in the award dated 04.07.2012 and accordingly
rejects the appeal of the appellant by maintaining the award
as it is.
5. In case the award amount is deposited by the appellant with
this Court, then the same be released in favour of the
respondent No. 1/claimant, namely, Irshad Ahmad Wani
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MA No. 462/2012
upon an application to be filed for the said purpose before
the Registrar Judicial, Jammu through counsel and
accordingly upon identification of the respondent No.
1/claimant through his counsel, deposited awarded amount
along with interest to be released in favour of the respondent
No. 1/claimant.
6. Disposed of accordingly.
(RAHUL BHARTI)
JUDGE
JAMMU
30.04.2024
Naresh/Secy
Naresh Kumar
2024.08.07 10:09
I attest to the accuracy and
integrity of this document