NATIONAL INSURANCE COMPANY LIMITED Vs. JAMAL MASTER

JUDGEMENT

(1.) National Insurance Company Limited - appellant herein, is aggrieved of and seeks setting-aside of Award dated 4th March 2016, given by Motor Accident Claims Tribunal, Shopian (" Tribunal" for short) on a Claim Petition, bearing File no.23, titled Jamal Master and another v. Mohd Altaf Wani and others, on the grounds mentioned in the Appeal.

(2.) Heard and considered.

(3.) A claim petition under Section 166 of Motor Vehicles Act, as is discernible from perusal of file, was filed by claimants (respondents 1&2) before the Tribunal, stating that on 25th March 2010, one Ishwander Singh - respondent no.5 herein, who was driving vehicle bearing Registration no.JK03-5571, and coming to Shopian via Pulwama, on reaching near Drangbal, Pampore, met with an accident while said car struck with an electric police and deceased received grave heard injuries and succumbed thereto. FIR no.54/2020 in police station Pampore was in this regard registered. Respondents 4&5 filed their written statement in opposition to claim petition. Appellant Insurance Company also filed its objections, especially insisting therein that offending vehicle had been insured for third party insurance cover and had not covered passengers (occupants of car) and therefore, in absence of any contract qua coverage of occupants of car, Insurance Company was not liable to indemnify the insured (owner of vehicle).