NEW INDIA ASSURANCE CO LTD Vs. AB RASHID RATHER
LAWS(J&K)-2006-4-28
HIGH COURT OF JAMMU AND KASHMIR
Decided on April 05,2006

NEW INDIA ASSURANCE CO LTD Appellant
VERSUS
Ab Rashid Rather Respondents

JUDGEMENT

- (1.) THIS appeal is directed against the judgment/award dated 30.12.2002 and order dated 31st March, 2003 passed in claim petition titled Mst. Sara Vs. Bashir Ahmad Sofi and others, which shall be hereinafter referred to as impugned judgment.
(2.) LEARNED counsel for appellant argued that Tribunal had wrongly saddled the appellant Company with liability because the driver, respondent No.2, was not having valid licence. While developing the argument argued that driver was having licence to ply 'heavy goods vehicle and was not duly licenced to drive and ply heavy passenger buse(s). The finding returned by the Tribunal that driver was duly licenced driver is illegal erroneous.
(3.) LEARNED counsel for respondents argued that appellant failed to prove that owner committed any breach in terms of Section 149 of Motor Vehicles Act. The finding returned by the Tribunal is legal one needs no interference. The claimants, respondents 3 to 8, filed a claim petition before Motor Accident Claims Tribunal, Srinagar, on 18th March, 1998, which came to be, diarized as claim petition No.59 of 1998 and, granted vide impugned judgment dated 30.12.2002. The Tribunal while granting the claim petition awarded Rs. 5,48,000+2000+10,000 minus Rs.50,000/ -with 9% interest from the date of institution of the claim petition i.e. 18th March, 1998, till final realization, in favour of the claimants and against the appellant (insurer).;


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