IN THE COURT OF LEARNED MOTOR ACCIDENT CLAIMS
TRIBUNAL, JAMMU.
************
Tilak raj\ Vs. M/s [Link] Grindings
Jammu Pvt. Ltd & Anr.
…..Petitioner ……
Respondents.
IN THE MATTER OF :-
Objections on behalf of respondent No. 2 to the aforesaid
claim petition.
May it please your Honour: -
The answering respondent respectfully submits as under: -
1/- That the contents of this para is admitted.
2/- That the contents of para No. 2 to 7 are incorrect, hence
denied, claimant/petitioner may kindly be put to strict proof
of the same.
3/- That the contents of para No. 8 is incorrect as no accident was
caused by the vehicle/Swift Car bearing No. JK02cf-7280,
false and frivolous case has been foiled by the petitioner just to
get the compensation from the answering respondent.
4/- That the contents of para No. 9 are incorrect and hence denied as
Police Station Bishnah has registered a false and frivolous case
against the answering respondent.
5/- That the contents of para No. 10 and 13 is matter of record.
6/- That the contents of para No. 14 and 15 are admitted.
7/- That in reply to the contents of para no. 16 & 17 it is submitted
herein that the vehicle is duly insured with Iffco Tokio Insurance
Company Limited under Policy No. 11633406 which is effective
from 20.11.2019 to 19.11.2020. Copy of policy is enclosed
herewith and marked as Annexure-“R1”.
7/- That the contents of these paras no. 18 need no specific reply.
8/- That the contents of these paras no. 19 are admitted.
9/- That the contents of these paras no. 19 are admitted.
10/- That the amount of compensation claimed is highly exorbitant
and the claimants shall be put to strictly prove the income in
order to claim such a exorbitant amount of compensation.
However, if the Hon’ble Tribunal came to conclusion that the
claimants are entitled to compensation then the liability of
answering respondent is to be indemnify by Insurance Company
in view of insurance of the ill fated vehicle covering the risk of
inmates of vehicle. It is also submitted herein that the answering
respondent who was also driving the vehicle was having valid
driving license bearing No. JK-20180000154 which is valid till
21.04.2026 and the answering respondent has also obtained the
verification regarding authenticity of said driving license from the
office of Regional Transport Officer, Jammu. Copy of the Driving
License and Authenticity Certificate issued by Licensing authority
MCWG,LMV Jammu are enclosed herewith and marked as
Annexure& “R-2”.
IN THE PREMISES:-
It is, therefore, most respectfully prayed that this Hon’ble
Court may kindly be pleased to dismiss the aforesaid claim petition.
However, if the Hon’ble Tribunal came to conclusion that the
petitioner/claimant is entitled to any compensation then in that case
the liability of answering respondents be directed to indemnify by the
Iffco Tokio Insurance Company Limited., with whom the said vehicle is
duly insured.
Answering respondent
Through counsel
Dated: -07.12.2021
(SUNIL SINGH THAKUR)
Advocate.