NATIONAL INSURANCE CO. LTD. Vs. BODH RAJ SHARMA
HIGH COURT OF JAMMU AND KASHMIR
NATIONAL INSURANCE CO. LTD.
Bodh Raj Sharma
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Sanjeev Kumar, J. -
(1.)Ma No.50/2014 - National Insurance Company Ltd., (hereinafter referred to as the 'insurer') is in appeal against the award dated 25.10.2013 passed by the Motor Accident Claims Tribunal, Jammu (hereinafter referred to as the 'Tribunal') in file No. 48/2005 titled 'Bodh Raj Sharma vs. Dharminder Kumar and others, whereby respondent No.1 (hereinafter referred to as the 'claimant') has been held entitled to a compensation of Rs.50,000/- for the injuries and disablement suffered by the claimant in the motor vehicle accident involving the vehicle i.e Indica Car No. HR37-AT-8882 (hereinafter referred to as the 'offending vehicle') driven by respondent No.2 rashly and negligently.
(2.)The impugned award has been assailed by the insurer primarily on the two grounds:
(i) That the driver of the offending vehicle was not holding a valid and effective driving licence authorizing him to drive the passenger carrying commercial vehicle/tourist taxi car, though he was holding a licence for driving motor cycle and light motor vehicle, and;
(ii) That the offending vehicle was being driven without requisite permit.
(3.)With a view to appreciate the grounds of challenge urged in the memo of appeal, it is necessary to set out issue No.3 framed by the Tribunal which alone is at the core controversy raised in this appeal. Issue No.3: Whether driver of offending vehicle was not holding valid and effective driving licence at the time of accident whether there violation of terms and conditions of policy of insurance ? If so, to what effect ? OPR-3
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