NATIONAL INSURANCE COMPANY LIMITED Vs. RAJA BEGUM

JUDGEMENT

(1.) Smt. Raja Begum wife of Ali Mohammad Bhat resident of Nendwand Pora, Budgam - respondent No. 1 herein was on 8th of September 2004, hit by a speeding vehicle bearing Registration No. JK04/9277, at Nendwand Pora, Kiker Mode crossing. The offending vehicle, at the time of accident, was being rashly and negligently driven by Khazir Mohammad Khan son of Abdul Aziz Khan resident of Gondi Pora, Beerwah respondent No. 3, in the present Appeal. The vehicular accident resulted in serious injuries to the victim, resulting in her hospitalization and surgery. The victim, soon after recovery, filed a claim petition under Section 166, Motor Vehicles Act before the Motor Accident Claims Tribunal, Budgam, for award of compensation. The offending vehicle, being insured with the National Insurance Company Limited - appellant herein, the company was arrayed as a respondent No. 1 in the claim petition. The respondents 1 & 2 filed their written statements to the claim petition. However, respondent No. 3- owner of the offending vehicle, opted not to file written statement. Learned Tribunal, on perusal of the pleadings, settled the following issues:

(2.) The parties were afforded adequate opportunity to substantiate the cases set up by them. The Tribunal, after going through the pleadings and evidence, decided Issue Nos. 1 & 2 in favour of the petitioner in the claim petition and against the respondents. Issue No. 3 was decided against Insurance Company. The Tribunal held the claimants to have proved by cogent and convincing evidence that the respondent No. 2 in the claim petition, while driving the vehicle No. JK04/9277, rashly and negligently, hit the petitioner at Nendwand Pora, Kiker Mode crossing, resulting in grievous injuries to the petitioner and that the petitioner was entitled to Rs. 2.60 lacs as compensation on account of disability, medical expenses, pain and agony due to the vehicular accident. The Tribunal held the appellant/Insurance Company to have failed to prove that the owner by employing a driver, not having a valid license to drive offending vehicle, had violated the terms and conditions of the Insurance Policy. The Tribunal, accordingly, directed the appellant/insurance company to pay an amount of Rs. 2.60 lacs with 5% interest from the date of institution of claim petition till realization of the award amount with interest to the claimant.

(3.) The respondent/claimant on 23rd of November 2009 filed cross objections to the Appeal, complaining that the compensation determined by the Tribunal was not just compensation and required to be enhanced. The respondent/claimant also expressed her reservations regarding rate of interest on the award amount, to which the claimant/respondent was entitled after institution of the claim petition and prayed that the same/be enchanced to 9% per annum. The claimant/respondent also assailed maintainability of the Appeal.