Decided on May 05,2006

JAGJIT SINGH Respondents


- (1.) UNITED Insurance Company Limited has come up in appeal to this Court against award dated 27.9.2001 of Motor Accidents Claims Tribunal, Bhaderwah, whereby an award for an amount of Rs.3,70,000/ - (Rupees three lakh seventy thousand) has been awarded in favour of Khair -Ud -Din, his wife and daughter, holding the appellant liable to satisfy the award for and on behalf of respondent No.1, the owner of bus bearing registration No. JKP 8295.
(2.) THE facts giving rise to this appeal may be stated thus: Khair -Ud -Din, S/o Sikander Tantary, R/o Village Bhalla Tehsil Bhaderwah, aged 56 years, had filed a Claim Petition before Motor Accidents Claims Tribunal, Jammu on 08.10.1986 with the allegations that Mohd Rafiq, his son, was travelling on his Motor Cycle to Doda when just near his home town at Bhalla, he was hit by bus bearing No. JKP 8295 coming from the opposite direction in a high speed, which was being driven rashly and negligently by its driver. Mohd Rafiq is alleged to have later succumbed to the injuries while being taken to a hospital at Doda. Respondent No.2 claimed compensation for himself, being father of the deceased, besides his wife (mother of the deceased) and his daughter (minor sister of the deceased), who were stated to be dependent on the deceased, who was earning an amount of Rs.1,274.40 per month. Initially the first respondent contested the claim petition denying that the vehicle had met with any accident. An application appears to have been moved on 4.2.1987 for impleading appellant as party respondent on the premise that the vehicle, which had caused accident resulting in death of Mohd Rafiq, stood insured with the appellant at the time of accident and, as such, the Insurance Company was liable to satisfy the claim of the claimants because of the issuance of Insurance certificate No.111700/24/6/0780/86 and Policy No.111700/24/1/0305/86 by it in favour of the owner of the vehicle.
(3.) THE parties were put to following issues: - "1. Whether the petitioner is the legal representative and dependant of the deceased? OPP 2. Whether on 17.8.86 the deceased was going on motor cycle and met an accident with bus No. JKP 8295? OPP 3. Whether the deceased was earning Rs.1274/ - PM and was of the age of 28 years at the time of accident? OPP 4. Whether the petitioner is entitled for an amount of Rs.5,00,000/ -if so on what grounds? OPP 5. Whether the bus was wrongly involved in the case and there was no fault or negligence on the part of non applicant No.1? OPD 1 6. Whether the accident had taken place due to negligence of the deceased if so what will be its effect on the plaint? OPD 1 7. Whether the amount is not in nexus with the facts involved? OPD 1 8. Whether the compensation claimed is inflated? OPD 9. Whether the driver was not possessing valid licence nor was he in the employment of Insured? OPD 2 10. Whether the vehicle was not having valid roupte (route) permit and he was gone that side against route permit? OPDÃ ¿2 11. Whether the liability of the company is limited? OPD 2 12. Relief. A copy of the Insurance policy certified to be a true copy vide endorsement dated 13.1.1987 appears to have been placed on the records of the Tribunal. The claimant examined Mohd Sadiq, Mohd. Amin, Ghulam Haider, Bashir Ahmed, besides himself, as witnesses, whereas no evidence was led by the appellant and the owner in the case. ;

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