NATIONAL INSURANCE COMPANY LTD. Vs. SHAMIMA
LAWS(J&K)-2020-6-8
HIGH COURT OF JAMMU AND KASHMIR
Decided on June 30,2020

NATIONAL INSURANCE COMPANY LTD. Appellant
VERSUS
SHAMIMA Respondents




JUDGEMENT

SANJEEV KUMAR,J. - (1.)National Insurance Company Ltd., (hereinafter referred to as the "insurer") is in appeal against the award of Motor Accident Claims Tribunal, Udhampur ("Tribunal" for short) dated 20.05.2011 passed in a claim petition titled "Mst. Shamima and others vs. Ravinder Singh and others".
(2.)The impugned award has been assailed by the insurer primarily on the ground that issue No.3 framed by the Tribunal has not been correctly decided. It is urged that as per the evidence on record, the driving licence possessed by the driver of the offending vehicle at the time of accident was fake and, therefore, the insurer was absolved of its liability to indemnify the owner.
(3.)Having heard learned counsel for the insurer and perused the record, it is necessary to first set out issue No.3 as framed by the Tribunal.
Issue No.3: Whether the driver of the offending vehicle was not holding a valid and effective driving licence at the time of accident, as such, insurer is not liable to indemnify the owner ? OPR-3.

;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.