UNITED INDIA INSURANCE CO. Vs. AMINA BEGUM

JUDGEMENT

(1.) The respondent No. 1 claiming that she was injured on 6th April, 2003 when the Vehicle No. JK02G 9235, driven by the respondent No. 3 herein, in rash and negligent manner, hit her at Dharmond, Batote, filed a claim petition before Motor Accidents Claims Tribunal, Ramban, asking for compensation due to her in terms of 2nd Schedule to Motor Vehicles Act, 1988. The claim petition was opposed by the Insurance Company-present appellant, on the grounds that the respondent No. 1 was traveling in the offending vehicle-goods carrier as a gratuitous passenger and, thus, not entitled to recover any compensation from the appellant. It was pleaded that the owner of the vehicle was guilty of breach of insurance policy in as much as the passengers were allowed to travel in a goods vehicle in violation of the terms and conditions of the Insurance policy and was not to be indemnified by the appellant. The driver and owner of the offending vehicle in their objections made a bald denial of all the averments made in the claim petition.

(2.) The Tribunal on perusal of the pleadings settled following issues;

(3.) The respondent No. 1 appeared in the witness box to substantiate her case and examined Abdul Qayoom (Husband), Abdul Jabar and Dr. Sameer Abdullah to help her to discharge the burden to prove issues onus whereof was placed on the respondents. The appellant did not adduce any evidence in rebuttal.