DIVISIONAL MANAGER Vs. SHAH QASIM

JUDGEMENT

(1.) A claim petition, diarized and registered as File no. 84/CP, titled Shah Qasim v. Divisional Manager, United India Insurance Company and others, was filed by respondent no. 1/claimant before the Motor Accident Claims Tribunal, Anantnag ("Tribunal" for succinctness hereinafter) stating therein that on 3/12/2012 at about 09.45 AM, he was travelling from Charsoo to Srinagar in a vehicle (Tavera) bearing Registration no. JK13B-3552, which, on reaching at Fraistabal Pampore, collided with vehicle (Truck) bearing Registration no. JK13-6568, resulting in multiple injuries on vital parts of body of claimant, which led him bed ridden and permanently disabled.

(2.) Appellant Insurance Company resisted the claim petition, avowing that driver of offending vehicle was not holding valid and effective driving licence at the time of accident. Appellant Insurance Company admitted that offending vehicle was insured with it and that compensation claimed by claimant was highly exaggerated, inflated and without any legal and equitable basis inasmuch as claimant had not substantiated his income by any documentary evidence.

(3.) Given pleading of parties, the Tribunal framed four Issues for adjudication, which are: