HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Reserved on: 01.05.2024 Pronounced on: 03.02.2025 Case:- Mac App No. 122/2019 CM No. 8020/2019 National Insurance Company Ltd. Division Office 1st Shalamar Road Jammu, through Sh. Rattan Lal Age 55 years S/o Sh. Mani Ram Presently posted as Manager, NIC, T.P. Hub, Shalamar Road, Jammu. …..Appellant(s) Through: Mr. Rajesh Kumar, Advocate. Vs 1. Saroop Chand S/o Sh. Kunj Lal R/o Bhatkoot (Kuntwara), Tehsil & District Kishtwar. 2. Sukh Chain S/o Tej Ram R/o Trigam Kishtwar, Tehsil & District Kishtwar. 3. Bhola Ram S/o Shanker Dass R/o Ward No. 3 Udhampur, P.O. Udhampur at present Panihar Trigam, Panchayat Galigedh, Kishtwar. .….Respondent(s) Through: Mr. Sandeep Gupta, Advocate. Coram: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE JUDGMENT 01. Heard learned counsel for the parties. 02. Through this appeal under section 173 of the Motor Vehicles Act, 1988, the appellant – National Insurance Company Ltd., as being the insurer, is seeking to assail an award dated 25.02.2019 passed by the Motor Accident Claims Tribunal (in short, “MACT”), Kishtwar thereby granting injury related compensation of an amount of 2 Mac App No. 122/2019 CM No. 8020/2019 Rs. 1,76,400/- alongwith interest @ 7.5% per annum in favour of the respondent No. 1 – Saroop Chand, the claimant. 03. The cause of action which led to the institution of a claim petition on file No. 36/Claim of 2014 on 08.09.2014 before MACT, Kishtwar was on account of a motor vehicle accident which took place on 06.10.2013 near Kandhot when the respondent No. 1 – Saroop Chand was travelling in vehicle (Xylo) No. JK017-1656 on its way from Sarthal towards Prem Nagar driven by the respondent No. 3 – Bhola Ram which plunged into a Nallah resulting in causalities and also injuries to the passengers in which the respondent No. 1 – Saroop Chand came to suffer physical injuries for which the petitioner claimed compensation of an amount of Rs. 22,00,000/- alleging that he had suffered permanent disablement. 04. The MACT, Kishtwar came to frame four issues in the case in which issues No. 3 & 4 i.e. “Whether the driver of the offending vehicle was not holding valid and effective driving license at the time of accident [OPR-1]” and “Whether the vehicle in question was being driven in violation of the terms and conditions of the policy of insurance, if so, what is its effect? [OPR-1]” and the onus was placed upon the appellant – National Insurance Company Ltd., being respondent No. 1, in the claim petition, to prove the two issues. 3 Mac App No. 122/2019 CM No. 8020/2019 05. MACT, Kishtwar came to compute the monthly income of the petitioner to be Rs. 5000/- as Mason getting enhanced by 40% on account of future prospects and aggregating to Rs. 7,000/- per month of which 5% was taken to be loss of income of the respondent No. 1 - Saroop Chand which came to Rs. 71,400/-. For the four & five days of hospitalization, the respondent No. 1 was held entitled to medical expenses of Rs. 25,000/-, Rs. 40,000/- for pain and suffering and Rs. 40,000/- for loss of amenities. The total compensation which came to be so awarded in favour of the respondent No. 1 - Saroop Chand summed up to be Rs. 1,76,400/-. 06. Since the cause of accident was held to be on account of negligent driving on the part of the respondent No. 3 – Bhola Ram and the vehicle being insured by the appellant – National Insurance Company Ltd., as such, it is the appellant which came to be placed under the liability to satisfy the award of compensation payment of Rs. 1,76,400/-. 07. This award is being assailed by the appellant – National Insurance Company Ltd., alleging that there is no application of mind on the part of the MACT, Kishtwar to the facts and material on file, being against settled principles of law and utter disregard to the judgment of the Hon’ble Apex Court and this Court and lastly that the claim petition was based upon misrepresentation and 4 Mac App No. 122/2019 CM No. 8020/2019 concealment as the respondent No. 1 - Saroop Chand was not travelling in the offending vehicle but was commuting in a different vehicle. 08. The respondent Nos. 2 and 3, as being the owner and driver of the offending vehicle, had not joined the proceedings before the MACT, Kishtwar and were set ex-parte. 09. The appellant – National Insurance Company Ltd., was in contest to the claim petition and in exercise of that right still never opted to summon the respondent No. 3 – Bhola Ram, the driver of the offending vehicle to come and depose as to the fact as to whether the respondent No. 1 – Saroop Chand was travelling in the offending vehicle (Xylo) No. JK017-1656 or not and, therefore, the appellant - National Insurance Company Ltd., cannot be heard to say and agitate that the respondent No. 1 - Saroop Chand was not the victim of motor vehicle accident caused by the offending vehicle (Xylo) No. JK017-1656, particularly when, the appellant - National Insurance Company Ltd. did not come forward with any witness to depose to said effect. 10. MACT, Kishtwar has acted with due attention to the facts and circumstances of the case not to believe the exaggerated claim of compensation of the respondent No. 1 - Saroop Chand and instead restricted the compensation corresponding to the nature of the injury and extent of its effect and that is supporting basis for this Court to hold the award passed by the MACT, Kishtwar to be just and fair 5 Mac App No. 122/2019 CM No. 8020/2019 admitting of no deviation or dilution from this Court’s end in appeal jurisdiction. Hence, appeal is misconceived and is, accordingly, dismissed alongwith connected application(s). 11. In terms of an order dated 07.12.2021 while condoning the delay in filing of the present appeal, the appellant - National Insurance Company Ltd. was directed to deposit the updated compensation amount bearing the interest component and, accordingly, an amount of Rs. 2,42,726/- came to be deposited vide receipt No. 471 dated 23.12.2021 with this Court which shall now be payable in favour of the respondent No. 1 – Saroop Chand subject to his identification by his counsel and transfer of compensation amount through bank account mode only. (RAHUL BHARTI) JUDGE JAMMU 03.02.2025 Bunty Whether the judgment is speaking: Yes/No Whether the judgment is reportable: Yes/No Bunty Kumar 2025.02.10 12:01 I attest to the accuracy and integrity of this document