NATIONAL INSURANCE CO LTD Vs. MANGAT RAM
LAWS(J&K)-2006-5-27
HIGH COURT OF JAMMU AND KASHMIR
Decided on May 23,2006

NATIONAL INSURANCE CO LTD Appellant
VERSUS
MANGAT RAM Respondents

JUDGEMENT

- (1.) NATIONAL Insurance Company Limited has preferred this appeal against award dated 05.06.2005 of Motor Accidents Claims Tribunal, Jammu, awarding an amount of Rs.5,18,000/ - (Rupees five lakh eighteen thousand) to the dependents of one Gharo Devi, who had succumbed to the injuries received by her while travelling in Mini Bus No. JK02 -E -7249 on 07.11.2003 at Village Moti situated at Suchet Garh, R. S. Pura.
(2.) MANGAT Ram, the husband, Miss Sunita Devi, the daughter and M/s Faryad Singh and Ajay Kumar, the sons of deceased Gharo Devi, filed claim petition No.720 (Claims), for an amount of Rupees fourteen lakh, before the Motor Accidents Claims Tribunal, Jammu.
(3.) THE claim petition was objected to by the appellant - - Insurance Company, which had sought and was accorded permission to contest the claim on the grounds other than those available to an insurer under the Motor Vehicles Act 1988. The claims tribunal framed following issues arising out of the pleadings of the parties: - "1. Whether an accident took place on 7.11.2003 due to rash and negligent driving of offending vehicle (Mini Bus) No. JK02E -7249 in the hands of erring driver in which deceased Gharo Devi sustained fatal injuries? OPP 2. If Issue No.1 is proved in affirmative whether petitioners are entitled to the compensation; if so to what amount and from whom? OPP 3. Whether driver of offending vehicle at the time of accident was not holding a valid and effective driving licence? OPR -1 4. Whether petition is not maintainable for non -joinder of necessary party; if so which are necessary parties? OPR -1;


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