NATIONAL INSURANCE CO LTD Vs. FATIMA

JUDGEMENT

(1.) The dependents of Shri Mohammad IIyas Beigh, who on 14th June, 2005 lost his life in a vehicular accident, filed a claim petition before Motor Accident Claims Tribunal, Srinagar, claiming an amount of Rs. Twenty lakhs, as compensation on account of loss of income, future prospects loss of consortium, loss of love and affection and other available grounds, from the Insurance Company with which the offending vehicle was insured. The claim petion was registered as claim petition No. 200/2005.

(2.) Ms. Aftaba Nazneen travelling with her husband Mohd. Ilyas Beigh as pillion rider on his scooter at the time of accident, got seriously injured in the accident and filed a claim petition for award of Rs. Ten lakhs, on account of permanent disability due to the vehicular accident, hospitalization, Medical treatment etc. The claim petition was registered as claim petition No. 201/2005.

(3.) The Insurance Company-appellant herein, resisted both the claim petitions inter alia on the grounds that the driver of the offending vehicle was not holding a valid and effective driving license at the time of accident and that as the vehicle was not having valid route permit and Fitness Certificate at the time of accident, the owner of the vehicle was guilty of breach of policy conditions and the Insurance Company was not liable to pay any compensation.