NATIONAL INSURANCE CO LTD Vs. ABDUL KARIM
HIGH COURT OF JAMMU AND KASHMIR
NATIONAL INSURANCE CO.LTD.
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(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 ?
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