NATIONAL INSURANCE COMPANY LTD. Vs. FAZAL DIN

JUDGEMENT

(1.) The Civil First Miscellaneous Appeal, on hand, is directed against award dated 14th March, 2009 passed by Motor Accident Claims Tribunal (MACT), Jammu in file No. 354/Claims title "Fazal Din v. National Insurance Company and Ors. " The appeal arises in the following factual background:-

(2.) Shri Siraj Din S/o Fazal Din - Respondent No. 1 herein lost his life in a vehicular accident on 10.6.2003 at National High Way by pass Channi Himmat, Jammu. The respondent laid a claim petition before Motor Accident Claims Tribunal, Jammu amongst others against the appellant Insurance Company with whom the offending vehicle was insured. The appellant resisted the claim petition inter alia on the ground that the driver of the offending vehicle-respondent No. 3 herein was not holding a valid and effective driving licence at the time of accident. The appellant pleaded that the respondent No. 3 was competent and authorised to drive "light transportation only" whereas the offending vehicle JK02F-8156 was a "Passenger Carrying Commercial Vehicle".

(3.) The Tribunal on perusal of the pleadings settled following issues:-