NATIONAL INSURANCE CO LTD Vs. AZI & ORS

JUDGEMENT

(1.) Sh. Abdul Rehman Bhat, S/o Mohammad Khalil Bhat, R/o Malangpora Pulwama lost his life in a vehicular accident on 18th November, 2001 when the deceased was proceeding towards Khanabal in a Maruti Car which was hit by a Sumo Vehicle bearing No.JKOlD/8700, driven rashly and negligently by its Driver Mohammad Amin Parry. The dependents of deceased, on 26.12.2001 filed a claim petition before Motor Accident Claims Tribunal,(hereinafter referred to as "Tribu nal" ) claiming compensation of Rs. 21,40,000/- from the Insurance Company ( appellant herein) with which the offending vehicle was insured.

(2.) The claim petition was resisted by the present appellant on the ground that the vehicle insured with the Insurance Company was not involved in the accident that claimed the life of Ab.Rehman Bhat. The appellant next pleaded that the driver of the offending vehicle was not having valid and effective driving license at the time of accident and the insurance company was, therefore, not liable to indemnify the owner of the vehicle.

(3.) The owner of the vehicle and its driver opposed the claim petition on the ground that the accident was attributable to the drivers of Maruti bearing no. JK2764/JK13 in which the deceased was travelling at the time of accident. The respondents insisted that the Driver of the Tata Sumo Vehicle bearing no. JK01D/8700 was driving the vehicle at normal speed observing all care and caution and accident was caused due to rash and negligent driving of the driver of the Maruti vehicle. The Tribunal on perusal of the pleadings framed following issues:-