ORIENTAL INSURANCE CO. LTD. Vs. ZAINA BEGUM

JUDGEMENT

(1.) Impugned in this Appeal is Award dated 28 th December 2018, passed by Motor Accident Claims Tribunal, Anantnag (for short "Tribunal") on a Claim Petition bearing Claim No.420/2011 titled Mst Zaina Begum and others v. Oriental Insurance Company Limited , directing appellant Insurance Company to pay compensation in the amount of Rs.3,90,000.00 along with pendentelite and future interest @ 7.5% per annum from the date of institution of claim till realization, on the grounds made mention of therein.

(2.) A claim petition under Sec. 163-A of Motor Vehicles Act, was filed by respondents before the Tribunal on 20/12/2011, averring therein that on 10/10/2010, deceased, Habib ullah Bhat, (owner/driver of offending vehicle) while plying his vehicle bearing Registration no.JK03B/2511 and at village Lethapora, Pampore, deceased lost his control over the vehicle and the said vehicle turned turtle and caused massive injury to vital organs of deceased, resulting into his death, followed by registration of FIR in police station Awantipora. Claimants/respondents prayed for grant of compensation of Rs.50.00 Lacs.

(3.) Written statement was filed by appellant Insurance Company before the Tribunal. It was first and foremost objection of appellant Insurance Company that deceased driver, namely, Habib ullah Bhat, was not holding a valid and effective driving licence at the time of accident, and was not satisfying requirements of Rule 3 of Central Motor Vehicles Rules, 1989, and therefore, appellant Insurance Company could not be held liable to pay compensation to claimants.