NATIONAL INSURANCE CO LTD Vs. MOHD SULTAN ASIM

JUDGEMENT

(1.) TWO claim petitions titled as Mohammad Sultan Asim Vs. Manzoor Ahmad Ganai and others and Mohammad Sultan Asim and another Vs. Manzoor Ahmad Ganai and others came to be filed before the learned Motor Accidents Claims Tribunal, Srinagar (hereinafter to be referred to as the tribunal below), where they came to be registered as Claim Petition No.72 of 1997 and 73 of 1997. These claim petitions are alleged to have arisen from one and the same vehicular accident which took place on 20 -4 -1997 at Lawaypora, Srinagar, when the respondent -claimant was enroute to Magam from Srinagar while driving his own scooter and his son Suhail Sultan was a pillion rider. The scooter was hit by a bus bearing registration No.JKB -8766, driven by respondent Manzoor Ahmad Ganai, coming from the opposite direction, as a result of which, both the respondent No.1 and his son Suhail Sultan, pillion rider sustained injuries as a result of which Suhail Sultan succumbed to injuries instantaneously on spot, and the respondent claimant sustained injuries and suffered disability.

(2.) THE appellant -Insurance Company resisted the claim petition, inter -alia stating that at the time of accident, the offending vehicle was being driven by an unauthorised driver who was not holding effective driving licence. The respondent -driver and the owner of the vehicle S. Harbans Singh have chosen to remain absent and the case was set exparate against them. The parties went to trial with the issues framed in the both the cases on 5 -8 -1998, which are almost common. In support of his claim, the claimant/respondent examined his witnesses and in rebuttal, the appellant did not adduce any evidence.

(3.) IN claim petition No.72/1993, petitioner besides himself came to examine Mohammad Yasin, Nazir Ahmad, Manzoor Ahmad Sheikh, Dr. Munir Farooq, ASI Ghulam Mustaffa, Dr. Bashir Ahmad, Mohammad Sharief and Noor -ud -Din Parray, Advocate. The Tribunal below on conclusion of trial in both the cases came to award compensation of Rs.29,78,530.75 together with interest @12% on the awarded sum of Rs.7,37,330/ - from the date of institution till the final realization of the entire awarded amount against the respondent No.3/appellant. Costs of Rs. 15,000/ - also came to be awarded in favour of the claimant/respondent. In claim petition No.72/1993, an amount of Rs.2.88 lacs together with interest @12% from the date of the claim petition till its final realization also came to be awarded.