NATIONAL INSURANCE COMPANY LIMITED Vs. IRSHAD AHMAD BABA

JUDGEMENT

(1.) Impugned in this Appeal is Award dated 17.07.2017, passed by Motor Accident Claims Tribunal, Baramulla (for short 'Tribunal') on a Claim Petition bearing File No. 03 titled Irshad Ahmad Baba and others v. Taimoor Ahmed Sheikh and others; directing appellant Insurance Company to pay compensation in the amount of Rs.11,23,104/- along with 6% simple 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 04.05.2009, averring therein that deceased namely Mst. Haja Begum, aged 48 years, died in a vehicular accident, which took place on 03.03.2009 at Hadipora Crossing, due to rash and negligent driving of driver of offending vehicle, bearing Registration No. JK01L/1925 which was insured with appellant Insurance Company. Claimants/Respondents 1 to 5, on the edifice of case set up before the Tribunal, sought compensation to the tune of 11,23,104/-

(3.) Appellant Insurance Company resisted the claim before the Tribunal on the ground that offending vehicle at the relevant time was being plied in violation of terms and conditions of the policy of insurance as driver of offending vehicle was not holding valid driving license at the time of incident. It was also stated that verification report of driving license issued by Licensing Authority Sopore Kashmir reveals that the license was valid upto 21.08.2007 only and on 03.03.2009 the license was not valid. The owner of vehicle has not kept a valid driving license holder on insured vehicle at the time of incident, as such, he violated insurance contract. Therefore, Appellant Insurance Company is not liable to pay compensation to claimants.