Jammu and Kashmir Court October 2009 Judgments

National Insurance Co. Ltd., Vs. Yash Paul and ors.

Court: Jammu and Kashmir

J.P. Singh, J.1. A Public Service Vehicle bearing Registration No. JK02D-5947 plying on Kathua-Jammu route, met with an accident at Kanthpur, when because of its driver bearing Registration No. JK02K-2586, coming from the opposite direction.2. The Public Service Vehicle owned by Lakshman Dass and driven by Bachan Lal respondents was insured with the National Insurance Co. Ltd. at the time of the accident.3. The injured and the dependants of those who died in the accident, approached the Motor Accidents Claims Tribunal, Jammu, with six Claim Petitions, detail whereof is as follows:4. Claim Petition No. 45, pertains to a compensation claim of Rs. 17, 75,000/-, for the death of Tripta Devi, Yash Paul Claimantband the other claimants Pankaj Chadwal and Partek Chadwal mother, who had died because of the injuries sustained in the accident.5. Claim Petition No. 46, is for compensation of Rs. 2, 25,000/-, for the death of Priyanka, the minor daughter of Yash Pal claimant, who had succumbed to ...

Kulwant Singh Vs. Munna Lal

Court: Jammu and Kashmir

Reported in: AIR2010J& K38

Mansoor Ahmad Mir, J.1. This Civil 1st Appeal is directed against the judgment and decree dated 12-8-2004 passed by the District Judge, Udhampur in a Civil Suit titled as Kulwant Singh v. Munna Lal, for short impugned judgment' hereinafter.BRIEF FACTS2. Kulwant Singh-Plaintiff/Appellant filed a suit for recovery of Rs. 54,000/- against Munna Lal-defendant/respondent, on the ground that the plaintiff granted Rs. 54,000/- as a loan to Munna Lal defendant for raising construction of his house, recoverable at the rate of 18% per annum interest, and, accordingly, Munna Lal-defendant executed a 'Hundi-DP Note' on 15th April, 1987. It is alleged that the defendant failed to return the said amount despite demand, constrained the appellant/plaintiff to file the suit.3. The defendant/respondent appeared and contested the suit by the medium of written statement.4. Following four issues came to be framed:I. Whether the defendant obtained an amount of Rs. 54,000/- as loan from the plaintiff for con...

National Insurance Co. Vs. Jawahar Lal and ors.

Court: Jammu and Kashmir

1. Rohit Bhat, a student of 3rd year MBBS, died in vehicular accident because of negligent driving of matador No. JK02J -4943 on 05.10.1998. A claim petition was filed by the parents of the deceased before the Motor Accidents Claims Tribunal Jammu, claiming an amount of Rs. 14,94,180.00 as also an amount of Rs. 50,000/- under No Fault Liability, with 24% interest from the date of death till payment. The learned Tribunal, after conducting an inquiry into the matter, vide its award dated 12.01.2002, held the claimants entitled to receive an amount of Rs. 2,72,000/ - as compensation. National Insurance Company, the appellant herein, was directed to satisfy the award. Interest at the rate of 9% was also awarded in favour of the claimants. It was further directed that out of total award amount, a sum of Rs. 1.25 lacs shall be kept in a fixed deposit in the name of the claimants in their joint account for a period of five years and the rest of the award amount was ordered to be paid to them ...