DIVISIONAL MANAGER, ORIENTAL INSURANCE CO LTD Vs. NAIZ AHMAD
HIGH COURT OF JAMMU AND KASHMIR
Divisional Manager, Oriental Insurance Co Ltd
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(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
(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
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