NATIONAL INSURANCE CO. LTD. Vs. BUA DITTA AND ORS.
HIGH COURT OF JAMMU AND KASHMIR
NATIONAL INSURANCE CO. LTD.
Bua Ditta And Ors.
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Mansoor Ahmad Mir, J. -
(1.) This appeal is directed against the award/judgment dated 4-4-2003 passed by the Presiding Officer, Motor Accident Claims Tribunal, Jammu in a Claim Petition titled as Bua Ditta and others v. Rattan Chand & others whereby and whereunder an award of Rs. 2,59,940/- with 9% interest from the date of presentation of claim petition till its final realisation came to be passed in favour of the claimants-respondents No. 1 to 4 against the appellant/ insurer which shall be hereinafter referred as impugned award.
(2.) Claimants filed claim petition before Motor Accident Claims Tribunal Jammu wherein it was pleaded that on 18-7-2000 deceased Bhushan Kumar, who was working as a conductor with the Matador hearing Registration No. JK02-K 8189, was hit by a Matador bearing Registration No. JK02-E 9623 (offending vehicle) which was being driven by its driver, namely Rattan Chand rashly and negligently at Mian Dido Chowk Ambphalla sustained injuries and succumbed to the injuries. Claimants had claimed compensation of Rs. 17,20,000/-- on the grounds given in the claim petition.
(3.) Appellant i.e. insurer resisted the claim petition on the grounds that the driver of the offending vehicle was not having a valid/ effective driving license at the time of accident. The owner (insured) and driver were in ex parte. The following issues came to be framed:-
"1. Whether an accident took place on 18-7-2000 near Mian Dido Chowk Amb-phalla due to rash and negligent driving of the offending vehicle No. JK02E/9623 by its driver, respondent No. 1 in which the deceased Bhushan Kumar had died OPP.
2. If issue No. 1 is proved in affirmative whether the petitioners are entitled to compensation, if so who what amount and from whom OPP.
3. Whether the driver of the offending vehicle was not holding a valid and effective driving licence at the time of the accident and the vehicle was being plied by breach of the terms and conditions of the insurance policy OPR-3.
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