NATIONAL INSURANCE COMPANY LIMITED Vs. ABDUL MAJEED

JUDGEMENT

(1.) Impugned in this Appeal is Award dated 24th December 2014, passed by Motor Accident Claims Tribunal, Kargil (for short "Tribunal") on a Claim Petition bearing File no. 08/Claim titled Abdul Majeed and Others v. Showkat Ahmad Dar and others, directing appellant Insurance Company to pay compensation in the amount of Rs. 19,42,092/- 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 claimants/respondents 1 to 5, before the Tribunal on 1st July 2007, averring therein that deceased, Niyaz Ahmad S/o Abdul Majeed R/o Bearas Troungen Drass, Kargil, aged 28 years, died in an accident, which took place on 20th November 2009, at Drass, due to rash and negligent driving of driver of offending vehicle, bearing Registration no.JK01K-5324, which was insured with appellant Insurance Company. Claimants/Respondents 1 to 5, in their claim petition before the Tribunal, sought grant of compensation of Rs.35.00 Lakhs along with interest.

(3.) Appellant Insurance Company resisted the claim before the Tribunal on the ground that the driver of offending vehicle was not having valid and effective driving licence at the time of alleged accident. It was also stated that offending vehicle at the time alleged accident was being driven in violation of terms and conditions of the policy of insurance, permit and provisions of the Motor Vehicle Act. It was admitted that the offending vehicle stood insured with the appellant-Insurance Company and the particulars of insurance as recorded in the records of the company were not same as mentioned in the claim petition, but the involvement of the said vehicle in the alleged accident was vehemently denied.