NATIONAL INSURANCE CO. Vs. AIJAZ AHMAD SHAH

JUDGEMENT

(1.) Impugned in this Appeal is Award dated 06.10.2018, passed by Motor Accident Claims Tribunal, Anantnag (for short 'Tribunal') on a Claim petition bearing File no. 42/Claim titled Aijaz Ahmad Shah and others v. Ashraf Ali Dar and others, directing appellant Insurance Company to pay compensation in the amount of Rs. 11,30,010/- along with 6% interest per annum from the date of institution of claim till realization, on the grounds made mention of therein.

(2.) A claim petition, as is discernible from perusal of the file, was filed by respondents 1 to 4 before the Tribunal on 01.09.2015, averring therein that deceased Aksa Aijaz aged 14 years, died in an accident, which took place on 09.08.2015 at Manzhama K.P. Road, Anantnag, due to rash and negligent driving of driver of offending vehicle, bearing Registration no.JK01G-2177 (Tata Swaraj Mazda) which was insured with appellant Insurance Company, Claimants/Respondents 1 to 4 in their claim petition prayed for grant of compensation in the amount of Rs.1.00 Crore.

(3.) Appellant Insurance Company resisted the claim petition before the Tribunal. Their stand was that driver of offending vehicle was not Mac. App. No. 49/2020 holding valid and effective driving licence and vehicle was being plied without valid and effective vehicular documents. It was also stated that accident was outcome of two vehicles as deceased was driving the bus and collided with offending vehicle.