NATIONAL INSURANCE COMPANY LIMITED Vs. MEHTABA

JUDGEMENT

(1.) Impugned in this Appeal is Award dated 9th November 2017, passed by Motor Accident Claims Tribunal Anantnag (for short "Tribunal") on a Claim Petition bearing no.126 titled Mst Mehtaba v. Mohammad Afzal Sheikh and another, saddling appellant Insurance Company with the liability to pay compensation of Rs.4,56,700/-, along with 6% interest per annum from the date of filing of claim petition till amount was deposited before the Tribunal, in favour of claimant/respondent no.1 to 7, on the grounds enumerated therein.

(2.) Heard and considered.

(3.) Mr J. A. Kawoosa, learned counsel appearing for appellant Insurance Company, has stated that claimant/respondent no.1 was not entitled to any compensation as accident took place due to rash and negligent driving of deceased. He further states that deceased is son of owner of offending vehicle (respondent no.2) and claimant is wife of respondent no.2 and in claim petition, it was mentioned that deceased was a mechanic and working with Honda company; thus, deceased was not a paid driver and therefore, claim petition was to be dismissed. It is also averred that deceased cannot be held to be third party as he being son of owner, was driving vehicle himself. These submissions of learned counsel for appellant Insurance Company are misconceived and baseless. Perusal of file reveals that on claim petition of respondent no.1, appellant Insurance Company filed its written statement/ objections, which was followed by framing of following Issues: