UNITED INDIA INSURANCE CO LTD Vs. BISHNO DEVI
LAWS(J&K)-2006-5-17
HIGH COURT OF JAMMU AND KASHMIR
Decided on May 23,2006

UNITED INDIA INSURANCE CO LTD Appellant
VERSUS
Bishno Devi Respondents

JUDGEMENT

- (1.) THIS appeal is directed against the award dated 22.3.2003 of Motor Accidents Claims Tribunal, Jammu, whereby claimants have been awarded an amount of Rs.2,62,328/ - (Rupees two lakh sixty two thousand three hundred and twenty eight) along with interest at the rate of 9 per cent per annum as compensation for the death of one Ram Saran. Claimants were the widow, minor daughter and the son of the deceased.
(2.) THE brief facts of the case are that the deceased was travelling on tractor bearing registration No.JK02 -R -3990, when it turned turtle near Saharan Morh under the jurisdiction of Police Station Kahana Chak, Jammu, because of the rash and negligent driving of its driver. The claim was contested by the owner and insurer of the tractor.
(3.) THE claims Tribunal raised following issues to decide the rival contentions of the parties raised in their pleadings: - 1. Whether an accident took place on 26.3.2003 at Saharan Morh, Jammu due to rash and negligent driving of offending vehicle Chasis No.QWCM 40605004852 and Engine No.43.1005/OIL 2679 by its driver in which deceased Ram Saran has died? OPP 2. If Issue No.1 is proved in affirmative whether petitioners are entitled to the compensation; if so to what amount and from whom? OPP 3. Whether driver of offending vehicle was not holding a valid and effective driving licence at the time of accident? OPR -1 Relief. O. P. Parties. 4. The claimants examined Mangal Singh, Mohan Lal besides one of the claimants Bishno Devi, as their witnesses. No evidence was, however, led by the appellant Insurance Company. After appreciating the evidence led by the claimants, the claims Tribunal decided issues Nos.1 and 2 in favour of the claimants and issue No.3 against the insurer of the tractor. Issue No.3 was decided on the plea that in the absence of any evidence having been led by the Insurance Company, it could not be said that the driver of the offending vehicle was not holding valid and effective driving licence at the time of the accident.;


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