NATIONAL INSURANCE CO. LTD. Vs. MASOOD AHMAD DRABOO

JUDGEMENT

(1.) Dr. Gowhar Masood Draboo Son of respondents 1 and 2, husband of respondent No. 3 and father of respondents 4 and 5 on 5th October, 2003 fell victim to a fatal vehicular accident near Kud on Jammu National Highway. The accident occurred due to rash and negligent driving of Tata Sumo vehicle bearing No. JK02T/4087 by its driver Shri Farooq Ahmad-respondent No. 7 in the present appeal.

(2.) The deceased working as lecturer in the department of Oral Medical in Pt. B.D. Sharma EGIMS Rohtak, Haryana, was at the time of accident on his way to Srinagar to join as B-Grade Dental Specialist in Family Welfare and Medical Education Department of the State Government. Soon after the tragic accident parents, widow and children of deceased laid a claim petition before Motor Accident Claims Tribunal, Srinagar. The case set up was that the vehicular accident occurred due to rash and negligent driving of vehicle by its driver and that as the vehicle was insured with the Appellant Insurance Company, it was under legal obligation to indemnify the owner of the vehicle and pay compensation to the claimants. The respondents 1 to 5 claimed an amount of Rs. 96,90,000/- on different counts from the Appellant Insurance Company.

(3.) The Appellant Insurance Company contested the claim on different grounds including the ground that as the driver of the offending vehicle was not in possession of valid and effective driving licence. The Appellant Insurance Company was not liable to indemnify the owner of the offending vehicle and pay compensation to the claimants. It was contended that the owner of the vehicle by employing a person not having valid and effective licence, had committed breach of insurance contract and allowed the Appellant Insurance Company to escape from the liability to pay compensation to the claimants. The Tribunal on perusal of the pleadings, settled following issues:-