NATIONAL INSURANCE CO LTD Vs. AKHTER JAN

JUDGEMENT

(1.) Since common question of law and controversy is involved in all these appeals, so I deem it proper to decide all these three appeals by a common judgment.

(2.) These three appeals are the outcome of a motor vehicular accident which was allegedly caused by one Dilawar Ahmad Bhat, driver of Tata Sumo, bearing Chassis No. 418017-G UGZ918976 Engine No. 483DF47-DWZ712499. He while driving the said vehicle rashly and negligently from Jammu to Srinagar met with an accident at Kayla Mode, Ramban, as a result of which the driver of the said vehicle along with three persons traveling in it, namely, Riyaz Ahmad Sofi, Special Police Officer in J&K Police, Shamim Ahmad Najar and Abdul Ahad Sheikh, Special Grade Constables in J&K Police sustained injuries and succumbed to the same. Claimants/legal heirs of said three deceased persons filed three claim petitions before the Motor Accidents Claims Tribunal, Pulwama, were allowed vide awards dated 03.06.2010, impugned herein and the insurer-appellant herein was saddled with the liability. Feeling aggrieved the insurer-appellant has questioned all the three awards by the medium of these three appeals on the ground that the offending vehicle was not insured at the relevant point of time, i.e., 28.01.2004 when the accident occurred.

(3.) Brief Facts