NATIONAL INSURANCE COMPANY LIMITED Vs. ASHWANI KUMARI

JUDGEMENT

(1.) The National Insurance Company Limited ['the appellant'] is in appeal against the judgment and award dated 28th April, 2017 passed by the Motor Accident Claims Tribunal, Jammu ['the Tribunal'] in Claim No.404/C, whereby the claim petition filed by respondent No.1 ['the claimant'] has been allowed and the appellant has been directed to pay a sum of R.88,045- along with pendente lite and future interest @ 7.5% per annum to the claimant for the injuries suffered by him in a motor vehicular accident caused due to rash and negligent driving of the offending vehicle by its driver, the respondent No.4.

(2.) The award impugned has been assailed primarily on the ground that the driver of the offending vehicle was not holding a valid and effective driving license at the time of accident, therefore, the insurer is absolved of its liability to indemnify the insured.

(3.) Before appreciating the ground of challenge raised by the insurer, it would be appropriate to notice few facts, which are relevant for the disposal of this appeal. On, 12.02.2013 at about 6.30 p.m., near Nai Balla Camp, a motor vehicle (Nano Car) bearing Regd. No.JK02BA-1085, being driven by its driver-respondent No.3 herein in a rash and negligent manner, hit the scooter bearing No.JK02AA-5286 and caused the accident. As a result of the accident, respondent No.1-claimant, who was travelling on the scooter being a pillion rider, was seriously injured and rendered permanently disabled to the extent of 5%. A claim petition came to be filed by respondent No.1 before the Tribunal claiming compensation for the injuries sustained and disability suffered in the accident. On being put to notice, the insurer, owner as well as driver appeared and filed their objections. Thereafter, owner and driver chose not to appear and were, accordingly, set ex-parte. On the basis of the pleadings of the parties, the Tribunal framed the following issues for determination:-