NATIONAL INSURANCE CO LTD Vs. BHAGWAN DASS

JUDGEMENT

(1.) When C.M.P.No. 863 of 2003 was taken up today for consideration, the learned counsel for the parties in all these appeals submitted that keeping in view the limited controversy involved in these appeals, instead of taking up this application for release of the amount, these may be finally heard and disposed of. It is for this reason that this appeal, i.e., F.A.O. No. 118 of 2001 and other three connected appeals, i.e., F.A.O. Nos. 119, 122 and 123 of 2001 were heard and are being disposed of by this common judgment.

(2.) Facts relevant for determination of all these appeals based on the plea of the appellant insurance company are being briefly noted, which are as under: Vehicle No. JKQ 4689 met with an accident on 4.10.1997. This accident took place at 12.15 p.m. near Nangabagh, Phati Bandrol, Kothi Raison, District Kullu, Himachal Pradesh. Respondents-claimants in all these cases urged that the accident was due to rash and negligent driving on the part of Jaqoob Ahmad, respondent, driver of the ill-fated vehicle. Respondent Sardari Lal Sharma was its owner and respondent Piara Singh was his attorney. In the aforesaid background, compensation was claimed by respondents-claimants in the proceedings initiated by them before the learned Tribunal below. By means of the awards passed in all these cases, compensation has been awarded.

(3.) Before proceeding further, defence of the present appellant, i.e., insurance company in all the cases, may also be noted. It is, that the vehicle in question was not insured with it and there was no contract of insurance between Sardari Lal Sharma and it (appellant insurer). It was also pleaded that the driver of the vehicle was not possessing valid driving licence and other documents, like route permit, fitness certificate, etc. and it was being plied in contravention of the Motor Vehicles Act and the Rules made thereunder, as also the contract of insurance policy. Thus, it was prayed that claim petitions were liable to be dismissed.