UNITED INDIA INSURANCE COMPANY LIMITED Vs. GULSHANA
LAWS(J&K)-2020-12-101
HIGH COURT OF JAMMU AND KASHMIR
Decided on December 24,2020

UNITED INDIA INSURANCE COMPANY LIMITED Appellant
VERSUS
Gulshana Respondents




JUDGEMENT

VINOD CHATTERJI KOUL, J. - (1.)Impugned in this Appeal is Award dated 14 th July 2017, passed by Motor Accident Claims Tribunal, Kulgam (for short "Tribunal") on a Claim Petition bearing File no.01/CP titled Mst Gulshana and others v. Mohammad Iqbal Sohil and others, directing appellant Insurance Company to pay compensation in the amount of Rs.6,83,000/- along with 6% interest per annum from the date of institution of claim till realization, on the grounds made mention of therein.
(2.)A claim petition was filed by respondents 1 to 9 before the Tribunal on 11th April 2012, averring therein that deceased, Mukhtar Ahmad Wagay, aged 23 years, died in an accident, which took place on 10 th April 2011 at Sopat National Highway, due to rash and negligent driving of driver of offending vehicle, bearing Registration no.JK02AM-7747, which was insured with appellant Insurance Company. Respondents 1 to 9 sought compensation to the tune of Rs.25.00 Lacs. Respondents 10 &11 did not cause their appearance before the Tribunal an were set ex parte on 28th July 2012.
(3.)Appellant Insurance Company resisted the claim before the Tribunal on the ground that deceased was himself driver as well as owner of offending vehicle involved in accident and vehicle did not have fitness certificate at the time of accident inasmuch as insurance policy specifically excluded such types of liability; besides driver of offending vehicle was not having valid licence. It was also stated by appellant Insurance Company before the Tribunal that there was no conclusive proof of death of deceased in alleged accident by alleged act of driver of offending vehicle and that it was not safe to rely on FIR of concerned policy agency.
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