SHAKEEL MOHAMMAD Vs. ORIENTAL INSURANCE CO LTD AND OTHERS
HIGH COURT OF JAMMU AND KASHMIR
Oriental Insurance Co Ltd And Others
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Sanjeev Kumar, J. -
(1.)This appeal has been filed by the appellant Shakeel Mohammad, who suffered grievous injury to his right foot in a motor vehicle accident that took place on 29.01.2008 involving the vehicle i.e, Matador bearing Registration No. JK02W-3476 (hereinafter referred to as the 'offending vehicle') near a Tent House on the National Highway falling within the jurisdiction of Police Station, Gangyal. The appellant was certified to be disabled to the extent of 50% of the right foot. The appellant, at the relevant time, was working as a driver with the commercial vehicle. He filed a claim petition before the Motor Accident Claims Tribunal, Jammu (hereinafter referred to as the 'Tribunal') and sought compensation of Rs.32,00,000/- along with interest @ 9 % per annum from the respondents.
(2.)It was claimed that the accident, in which the appellant got injured, had occurred due to rash and negligent driving of the offending vehicle by its driver namely Mushtaq Ahmed, respondent No.3 herein. The appellant claimed that he, while working as driver, was getting Rs.5000/- per month as salary and Rs.100/- per day as trip allowance.
(3.)The claim petition, as is apparent from the record, was contested by respondent Nos. 1 and 2, whereas respondent No.3 was proceeded ex parte by the Tribunal. Respondent No.1 filed its objections, in which, it, inter alia, took a stand that the driver had no valid and effective driving licence at the time of accident as required under the Motor Vehicles Act and the rules framed thereunder and, therefore, the petition under Section 166 of Motor Vehicles Act was not maintainable
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