Partly allowed

Bajaj Allianz General Insurance Co.Ltd. v. Jabeena Begum and Ors.

J&K HC9 Sept 2021MA/161/2018

Case brief

AI extract

What is this about?

Appeal against an interim award for motor accident compensation. The High Court set aside the award passed without hearing the appellant-insurance company and remanded the matter for a fresh decision after recording replies and hearing parties.

What did the court decide?

Impugned interim award of Rs. 50,000 set aside; case remanded to Tribunal for fresh decision after hearing parties; amount deposited refunded.

Bajaj Allianz General Insurance Co.Ltd. Vs Jabeena Begum… — Motor Accident Claims | J&K HC (2021)

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

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MA No. 161/2018 IA No. 1/2018 in MA No. 154/2018 IA No. 1/2018

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Bajaj Allianz General Insurance …..Appellant/Petitioner(s) Co. Ltd.

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Through: Mr. Sunny Mahajan, Advocate

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Vs.

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Jabeena Begum and others

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.…. Respondent(s)

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Through: Mr. Achal Sharma, Advocate

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Coram: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE

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ORDER

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MA No. 161/2018

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This is an appeal filed by the appellant-insurance company against the impugned interim award dated 05.05.2017 passed by the Motor Accident Claims Tribunal, Doda, whereby the Tribunal has awarded a sum of Rs. 50,000/- as interim compensation in favour of the claimants on the basis of “no fault liability” under Section 140 of the Motor Vehicle Act.

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The claim petition has arisen out of an accident involving the vehicle No. JK06-6459 that took place on 04.05.2016 near Nagra Gref Camp Karara within the jurisdiction of Police Station, Thathri and it resulted in death of Arif Iqbal. The dependents/legal heirs of the aforesaid deceased person filed a claim petition before the Tribunal and the Tribunal, it seems, has passed the impugned award without calling objections from the appellant-insurance company and without hearing the appellant.

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2 MA No. 161/2018

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During the course of hearing learned counsel for the parties submitted that the insurance company has already filed its response to the claim petition and presently evidence is being led before the Tribunal.

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In view of the fact that the response of the insurance company is now before the Tribunal and the insurance company is represented by a counsel before the Tribunal, it would be appropriate to remand this case back to the Tribunal, so that a fresh decision is taken by the Tribunal on the question of grant of interim compensation in favour of the claimants.

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Accordingly, the impugned interim award dated 05.05.2017 is set aside and the case is remanded back to the Tribunal with a direction to consider the matter regarding grant of interim compensation in favour of the claimants afresh, of course after taking into consideration the reply of the insurance company and after hearing the parties. The amount deposited by the insurance company before this Court shall be refunded to the insurance company.

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Disposed of as above.

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MA No. 154/2018

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Learned counsel for the claimants/respondents submits that the claim petition out of which the impugned interim award has arisen has already been decided by the Tribunal. In view of this, this appeal has been rendered infructuous, the same is accordingly disposed of. The amount deposited by the insurance company shall be refunded to the appellant/insurance company.

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(Sanjay Dhar) Judge

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JAMMU 09.09.2021 Pawan Angotra

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Whether the order is speaking? : Yes/No Whether the order is reportable? : Yes/No

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PAWAN ANGOTRA 2021.09.10 16:40 I attest to the accuracy and integrity of this document

Bajaj Allianz General Insurance Co.Ltd. v. Jabeena Begum and Ors.

Case brief

What is this about?

What did the court decide?

Bajaj Allianz General Insurance Co.Ltd. v. Jabeena Begum and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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