NATIONAL INSURANCE CO LTD Vs. ABDUL KARIM
LAWS(J&K)-2006-7-7
HIGH COURT OF JAMMU AND KASHMIR
Decided on July 03,2006

NATIONAL INSURANCE CO.LTD. Appellant
VERSUS
ABDUL KARIM Respondents

JUDGEMENT

- (1.) National Insurance Company Limited questions award dated 31 st of May, 2004 of Motor Accidents Claims Tribunal, Jammu, awarding an amount of Rs. 1,44,000/- (Rupees one lac and forty four thousand) with interest @ 9% per annum pendente-lite in File No. 174/Claims, on a claim preferred by first respondent, Abdul Karim, seeking compensation for the death of a buffalo owned by him, which died on spot because of the rash and negligent driving of Matador No. JK-02F-9657, which hit it while moving along with the herd near Interrogation Centre, Jammu.
(2.) This respondent's claim was contested by the Insurance Company, which had sought permission to contest it on grounds other than those, which were available to an insurer under the Motor Vehicles Act, inter alia, on the ground that the claim was irrational, illogical and highly exaggerated.
(3.) The Tribunal raised four issues to resolve the matter in dispute between the parties. The issues read thus : "(1) Whether on 14-7-1998 (97), because of the rash & negligent driving of veh JK02F/ 9657 by respondent driver, petitioner's she buffalo received serious injuries and died of the same? OPP (2) If issue No. 1 is proved in affirmative to how much amount of compensation, petitioner is entitled to & from whom ? OPP (3) Whether respondent driver did not possess valid driving licence & it was driven against the terms & conditions of policy ? OPR (4) Relief.;


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