UNITED INDIA INSURANCE CO LTD Vs. NASEEMA BEGUM

JUDGEMENT

(1.) Abdul Qayoom Sheikh, s/o Illam Din Sheikh, r/o Pranu Tehsil, District Doda, died on 28.4.2002 in a tragic road accident, when truck No. JKQ 6291, in which the deceased was travelling, met with an accident near Bhalla on Doda-Bhaderwah Road. The accident was result of rash and negligent driving of the driver of the truck.

(2.) Naseema Begum, widow of the deceased, on her behalf and on behalf of her four minor children filed a claim petition under section 166, Motor Vehicles Act, 1988 in Motor Accidents Claims Tribunal, Doda. Claimant pleading that the deceased was working as Manager with M/s. Abdul Qayoom and Farooq Ahmed Mengnoo, State Forest Corporation contractors insisted that he was paid a salary of Rs. 10,000 per month by his employer and further received income of Rs. 2,000 per month from the agricultural land. She claimed in all an amount of Rs. 20,00,000 from the appellant on account of loss of life, shock, mental agony, expenditure on education and nourishment of the minors, loss of love and affection and expenditure on funeral expenses of the deceased.

(3.) The claim petition was resisted by the insurer, United India Insurance Co. Ltd., inter alia, on the grounds that the deceased was an unauthorised passenger in truck No. JKQ 6291, a goods vehicle not permitted to carry passengers and that the insurance company was not liable to pay any compensation to the claimants. It was next contended that the driver of the offending vehicle was not holding a valid driving licence at the time of accident and that the insurance company, because of violation of terms and conditions of the insurance policy by the insured, was not to be saddled with responsibility to indemnify the insured. The factual aspects of the case were denied, however, it was admitted that the offending vehicle was insured with the insurance company vide policy No. 31/08309 and cover note No. 348836.