NEW INDIA ASSURANCE CO LTD Vs. AB RASHID RATHER
HIGH COURT OF JAMMU AND KASHMIR
NEW INDIA ASSURANCE CO LTD
Ab Rashid Rather
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(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
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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