NATIONAL INSURANCE COMPANY LTD Vs. SHAIRIFA BEGAM

JUDGEMENT

(1.) Mst. Shairifa Begum, aged 30 years, suffered injuries when hit by a Bus bearing Registration No. JK02K-9879, driven rashly and negligently while travelling along side road at Shalimar-Hasti, Kishtwar on 21.03.2004. Initially treated at Sub-Divisional Hospital, Kishtwar, she was referred to the Government Medical College Hospital, Jammu for further treatment of the injuries received in the motor vehicular accident.

(2.) She filed a Claim Petition before the Motor Accidents Claims Tribunal, Kishtwar seeking compensation for the disablement caused to her because of the injuries received in the accident.

(3.) The National Insurance Company Limited, the insurer, contested the Claim, inter alia, saying that the Company was not liable to indemnify the owner for the petitioner's claim because he had violated the terms and conditions of the Policy by-permitting the Bus to be driven by a driver, who did not hold a valid driving license.