NATIONAL INSURANCE CO LTD Vs. PARVEEZ AHMED

JUDGEMENT

(1.) THIS Court proposes to dispose of these four appeals (LAPC No. 39/1995, LPAC No. 36/1995. LPAC No. 37/1995 and LPAC No. 38/1995) by a common judgment as these pertained to the same accident and also arisen out of common judgment dated April 28, 1995 passed by learned Single Judge.

(2.) BUS No. JKQ -4077 driven rashly and negligently by Suraj Parkash, respondent, met with an accident on 13 -5 -1987, as a result of which, it fell into a deep gorge near Tain bridge near Rajal, Tehsil Nowshera, District Rajouri. The accident look place due to reckless and negligent driving of the offending vehicle by its driver Suraj Parkash. Many passengers died and others who were fortunate enough to have escaped with injuries, as a result of this accident. Various claim petitions for compensation came to be filed by the legal heirs of the deceased, besides the injured, for compensation under the Motor Vehicles Act, some at Rajouri and others before Motor Accident Claims Tribunal at Jammu. The vehicle was insured by National Insurance Company, Shalamar Road, Jammu and owned by Satish Kumar Handa, as per Registration Certificate and driven by Suraj Parkash, its driver at the time of the accident.

(3.) ON the filling of the demurrer by the respondents, particularly National Insurance Company Limited, repudiated its liability to indemnify its insured on the ground that as per Policy, Satish Kumar Handa was shown to be registered owner and the Policy was issued in his name. The vehicle having been sold to Jugal Kishore without informing and consent of the Insurance Company effected the transfer and, thus, contravene the conditions of the Policy. The defence set up by the Insurance Company is that, Jugal Kishore for whom the vehicle was driven by Suraj Parkash, its driver, had no in -surable interest and, as such, the Company is absolved from its liability to indemnify the insured. That Jugal Kishore, respondent, being the real owner of the vehicle, was under a liability to pay compensation. On the contents contour of the pleadings, the following issues came to be framed by the Tribunal on 17 -12 -1987: 1. Whether on 13.5.87 the respondent Suraj Parkash while driving Bus No.: 4077/ JKQ rashly and negligently near bridge Nowshera under the employment of respondent Jugal Kishore, caused the accident which resulted to the death of deceased Mushtaq Ahmed? OPP 2. In case issue No. 1 is proved in the affirmative whether the petitioners are entitled to compensation. If so, how much from and in what proportion? OPP 3. Whether there are contravention of condition in Insurance policy and there was no privity of contract between respondent Jugal Kishore, the owner of the vehicle and the Resp. National Insurance, Co., If so, what is the effect of it on the claim petition? Relief."