DIVISIONAL MANAGER, ORIENTAL INSURANCE CO LTD Vs. NAIZ AHMAD
LAWS(J&K)-2006-7-16
HIGH COURT OF JAMMU AND KASHMIR
Decided on July 12,2006

Divisional Manager, Oriental Insurance Co Ltd Appellant
VERSUS
Naiz Ahmad Respondents

JUDGEMENT

- (1.) THIS Civil First Miscellaneous Appeal is directed against the award dated 20.12.2004 passed by learned Presiding Officer, Motor Accident Claims Tribunal, Srinagar, in claim petition titled Naiz Ahmed and others Vs. Mubarak Ali and others, which shall be, hereinafter, referred to as impugned award.
(2.) IT is necessary to note brief facts of the case, the womb of which has given birth to the present appeal. It appears that claimants filed a claim petition referred to, hereinabove, being the victims of vehicular accident, before Motor Accident Claims Tribunal, Srinagar, on the ground that driver, namely, Ghulam Rasool Bhat has driven vehicle No.JK06 -602 (Matador), rashly and negligently and caused accident. The deceased, Yasir Ahmad, who was traveling in the vehicle sustained injuries and succumbed to the injuries. Respondents 1 and 2 in the claim petition had been set ex parte and respondent No.3 therein had caused appearance and filed objections. The following issues were framed in the claim petition: - "1. Whether on 31.11.2002 Ghulam Rasool Bhat respondent No.2 was plying TATA Matador No.JK06/602 so rashly and negligently that at Naipali Nala District Doda while negotiating a curve he lost control over the same which fell in to a deep gorge and Yasir Ahmad who was traveling in the same sustained fatal injuries and succumbed to the same? OPP 2. Whether due to non -joinder of necessary and proper parties the petition is not maintainable? O.P.R -2 and 3.
(3.) WHETHER the driver of the offending vehicle was not holding a valid driving licence on the date of accident and as such the Insurance Company cannot be saddled with the liability? O.P.R. -3 In case issue No.1 is proved in affirmative to what amount of compensation the petitioners are entitled to, from whom and in what proportion? O.P.P.;


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