ORIENTAL INSURANCE CO LTD Vs. HABIBULLAH DAR

JUDGEMENT

(1.) Impugned in this Appeal is Award dated 21.01.2013, passed by Motor Accident Claims Tribunal, Anantang (for short "Tribunal") on a Claim petition bearing File no. 84/Claim Petition titled Habibullah Dar and others v. Zahoor Ahmad Wagay and others, directing appellant Insurance Company to pay compensation in the amount of Rs.6,42,000/- 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 5 before the Tribunal on 23.10.2009, averring therein that one Nazir Ahmad Dar, aged 25 years, died in an accident, which took place on 20.06.2006 near Akingam due to rash and negligent driving of driver of offending vehicle (Bus), bearing Registration no.JKE/3043, which was insured with appellant Insurance Company, Claimants/Respondent no. 3 sought compensation to the tune of Rs.43,50,000/-.

(3.) Appellant Insurance Company resisted the claim before the Tribunal on the ground that driver of offending vehicle had no valid licence at the time of accident.