NATIONAL INSURANCE COMPANY LIMITED Vs. GHULAM HASSAN SHEIKH

JUDGEMENT

(1.) Impugned in this Appeal is Award dated 18th January 2019, passed by Motor Accident Claims Tribunal, Anantnag (for short Tribunal ) on a Claim Petition bearing File no. 116/CP titled Ghulam Hassan Sheikh and Ors. v. Abid Hussain Sheikh and Ors., directing appellant Insurance Company to pay compensation in the amount of Rs. 18,23,296/- along with 7.5% 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/claimants, before the Tribunal on 2nd July 2014, averring therein that deceased, Mst. Zeba, aged 52 years, died in an accident, which took place on 10th March 2014 at Jadipora Anantnag, due to rash and negligent driving of driver of offending vehicle, bearing Registration no.JK03-4720, which was insured with appellant Insurance Company. Claimants/Respondent nos. 1 to 4, sought compensation to the tune of Rs. 35,00,000/-.

(3.) Appellant Insurance Company resisted the claim petition before the Tribunal on the ground that the driver of offending vehicle was driving vehicle without any valid and effective driving licence and, therefore, appellant Insurance Company was not liable to indemnify the insured respondent no.2 as terms and conditions of insurance policy were violated by respondent no.2 consciously. It was further pleaded that offending vehicle was sold by respondent no.2 of the claim petition to respondent no.1 without intimation to answering respondent no.3 and without valid transfer from concerned Regional Transport Officer.