NATIONAL INSURANCE CO LTD Vs. OMKAR SINGH
LAWS(J&K)-2006-7-10
HIGH COURT OF JAMMU AND KASHMIR
Decided on July 03,2006

NATIONAL INSURANCE CO LTD Appellant
VERSUS
OMKAR SINGH Respondents

JUDGEMENT

- (1.) NATIONAL Insurance Company Limited has questioned award dated 27 -01 -2003 of Motor Accidents Claims Tribunal, Jammu, made in File No.654/Claims titled Omkar Singh and another versus National Insurance Company Ltd. and another, awarding an amount of Rs.3,65,000/ - as compensation to respondents -1 and 2, who are the parents of one Mohan Singh, who, while travelling in truck bearing registration No.7082/JKC from Kargil to Srinagar, died on spot, when the truck, driven rashly and negligently by its driver, rolled down into a nullah near Sumbal.
(2.) THE claim petition of the claimants/respondents -1 and 2 was contested by the appellant. The contest gave rise to the following issues: "1. Whether an accident involving death of deceased Mohan Singh occurred due to negligence of the driver of the offending vehicle bearing registration No.JKC 7082? .....OPP 2. In case issue No.1 is proved, what compensation the claimants are entitled to? .....OPP 3. Whether the driver of the offending vehicle did not possess a valid driving licence and, therefore, the respondent No.2 is not liable to indemnify the owner? ......OPR -1 4. Relief O.P. Parties.
(3.) LEARNED counsel for the appellant has questioned the award only in so far as it directs the appellant to satisfy the award, even after holding that the driver of the truck had been driving the vehicle in violation of the terms of the Insurance Policy and the insurer was not liable to indemnify the insured. Learned counsel refers to National Insurance Co. Ltd. versus Bommithi Subbhayamma and others, reported as (2005) 12 SCC 243. None has appeared to oppose the appeal of the appellant.;


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