UNITED INDIA INSURANCE CO LTD Vs. MUMTAZA SHAH

JUDGEMENT

(1.) Impugned in this Appeal is Award dated 25.04.2016, passed by Motor Accident Claims Tribunal, Srinagar (for short "Tribunal") on a Claim petition bearing File no. 230 titled Mumtaza Shah v. Mohammad Shafi shah and others, directing appellant Insurance Company to pay compensation in the amount of Rs.15,72,000/- 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 respondent no.1 before the Tribunal on 26.07.2011, averring therein that injured Mumtaza Shah, aged 36 years, injured in an accident, which took place on 27.06.2011 at Wanigam, due to rash and negligent driving of driver of offending vehicle (Tata Sumo) bearing Registration no.JK12-2096 which was insured with appellant Insurance Company, Claimants/Respondents 1 to 4 sought compensation to the tune of Rs.35.00 lacs.

(3.) Appellant Insurance Company resisted the claim petition before the Tribunal on the ground that offending vehicle was driven totally against the terms and conditions of policy, more so driver of offending vehicle was not holding valid and effective driving licence at the time of accident. Appellant Insurance Company also averred in the written statement that claimant be put to strict proof qua her sufferings of permanent disability and as regards her monthly income. It was also urged that insured having committed breach of policy terms and conditions, as such, Insurance Company was not liable to indemnify the insured and any responsibility of payment of compensation be saddled upon respondent owner.