BAJAJ ALLIANZ GENERAL INSURANCE CO LTD Vs. RAMAN KUMAR
LAWS(J&K)-2020-9-15
HIGH COURT OF JAMMU AND KASHMIR
Decided on September 02,2020

BAJAJ ALLIANZ GENERAL INSURANCE CO LTD Appellant
VERSUS
RAMAN KUMAR Respondents




JUDGEMENT

- (1.)Bajaj Allianz General Insurance Company Limited (hereinafter 'the insurer) is in appeal against the award dated 09.06.2017 passed by the Motor Accident Claims Tribunal, Kathua (hereinafter 'the Tribunal') in case MACT No. 166 29/2014 titled 'Raman Kumar Vs. Mohd. Altaf Zahid and others', whereby and where under, the Tribunal has held respondent No. 1 (hereinafter 'the claimant') entitled to a compensation of Rs.2,48,500/- along with pendente lite and future interest @ 6% per annum, except the interest on 'loss of future income'.
(2.)The impugned award has been assailed on the ground that despite the insurer having proved issue No. 3 by leading very cogent and satisfactory evidence, the Tribunal decided issue No. 3 against it and held it liable to indemnify the insured by paying compensation to the claimant. On behalf of the insurer, it is contended that on the date of accident, the driver of the offending vehicle, respondent No. 2 herein, was not possessing a valid and effective driving license to drive the Heavy Goods Vehicle (HGV).
(3.)Having heard learned counsel for the insurer and perused the record, it is necessary to set out issue No. 3 framed by the Tribunal:-
'3. Whether the delinquent driver was not holding a valid driving license as on the date of accident and the documents of the vehicle were not valid and so the Insurance Company is not liable to indemnify the owner? (OPR-3)'

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