NATIONAL INSURANCE COMPANY LIMITED Vs. SITARA BEGUM

JUDGEMENT

(1.) Impugned in this Appeal is Award dated 17th September 2018, passed by Motor Accident Claims Tribunal, Srinagar, (for short "Tribunal") on a Claim Petition bearing File no. 134 of 2011 titled Mst Sitara Begum and others v. Khursheed Ahmad Nala and others, directing appellant Insurance Company to pay compensation in the amount of Rs. 5,75,104/- along with 6.5% 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 respondent nos. 1 to 3 before the Tribunal on 6 th May 2011, averring therein that Mohammad Yousuf Bhat S/o Abdul Samad Bhat R/o Dumdulla, Yaripora, Kulgam, aged 50 years, died in an accident, which took place on 15th April 2011 at Badru Kulgam, due to rash and negligent driving of the driver of offending vehicle (Tata Mini Bus), bearing Registration no. JK03-3297, which was insured with appellant Insurance Company. Claimants/Respondent nos. 1 to 3, sought compensation to the tune of Rs.11.00 Lacs.

(3.) Appellant Insurance Company resisted the claim before the Tribunal on the ground that driver of the offending vehicle was not holding a valid and effective driving licence on the alleged date of accident and was not authorized to drive the insured vehicle (Tata Sumo) and more so the insured vehicle was being plied without valid and effective Route Permit, Fitness etc. and, thus, is not liable to pay any compensation.