NATIONAL INSURANCE CO. LTD. Vs. GHULAM HASSAN GEELA

JUDGEMENT

(1.) The respondents 1 to 5, filed a claim petition before the Motor Accidents Claims Tribunal, Srinagar, claiming compensation on account of the death of one Mohammad Shafi Geela, on 14/3/2011.

(2.) It was stated that the deceased had been engaged as a labourer with the vehicle bearing registration no. JK01-2445 owned by respondent no. 6, for purposes of loading stones in the truck in a Stone Quarry also owned by respondent no. 6.

(3.) Response was filed to the claim petition in which a defence was taken inter-alia that the Insurance Company was not liable on the ground that the offending vehicle which was insured by the Company was stationary and therefore, could not be said to be involved in a motor vehicle accident arising out of the use of the said vehicle as it was stationary.