NATIONAL INSURANCE COMPANY Vs. HASEERA BEGUM
LAWS(J&K)-2008-6-13
HIGH COURT OF JAMMU AND KASHMIR
Decided on June 03,2008

NATIONAL INSURANCE COMPANY Appellant
VERSUS
Haseera Begum Respondents

JUDGEMENT

MANSOOR AHMAD MIR, J. - (1.)INSURER -appellant has challenged the award and judgment dated 30th of April, 2007 passed by Motor Accident Claims Tribunal, Budgam, in a claim petition titled Haseera Begum and Ors. v. National Insurance Co. and Ors. for short the impugned award, on the grounds taken in the memo of appeal.
(2.)MR . Mohammad Shafi Shaheen, Advocate, filed power of attorney on behalf of respondents 1 to 6. thereafter has not caused his appearance. There was no representation on behalf of other respondents despite service. Accordingly, respondents 1 to 7,9 and 10 are set exparte.
The claimants -respondents 1 to 7 filed a claim petition before the Motor Accident Claims Tribunal, Budgam, on the grounds that Sh. Ghulam Mohammad Paswal deceased husband of respondent No. 1 and father of respondents 2 to 7 became the victim of vehicular accident which was caused by Ghulam Ahmad Mir, driver -respondent No. 10 while driving the Bus bearing registration No. 6787/JK01 rashly and negligently on 20th of December, 2000, at Chaksheera, Budgam. The deceased sustained injuries and succumbed to injuries in the hospital.

(3.)INSURER -appellant resisted the claim petition on the ground that driver - respondent No. 10 was not having valid/effective driving licence and denied the liability. Other respondents also resisted the petitioner. Following issues came to be framed: 1. Whether the deceased Gh. Mohd. Died in vehicular accident caused by vehicle No. 6787 -JKO on 29.12.00? OPP 2. Whether the said vehicle was driven by Resp. No. 4 rashly and negligently, owned by respondent No. 2 and insured by resp. No. 1 at the time of accident? OPP 3. Whether respondents are jointly/severally liable to pay compensation to petitioners as defendants of the deceased. If so what is their respective liability? OPP 4. In case issue No. l to 3 are answered in affirmative what is the amount of compensation payable to petitioners and how? OPP


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.