NATIONAL INSURANCE COMPANY LIMITED Vs. GH AHMED WAHI

JUDGEMENT

(1.) In Claim Petition No. 3 of 1998, the Motor Accidents Claims Tribunal, Budgam has by order dated 23.7.2002 awarded compensation in the sum of Rs. 3,84,000 with 9 per cent interest from the date of institution of the claim petition, to the four claimants. This award is impugned in this petition filed by National Insurance Co. Ltd.

(2.) Learned counsel in his submissions has taken two grounds to challenge the award. First, that the award is on higher side; and second, that the owner and driver of the vehicle are not saddled with liability to pay the amount though on the material date, driver is found in possession of invalid licence. Payment of the award amount rather liability for payment of this award is foisted on insurance company.

(3.) Heard counsel for the parties.