UNITED INDIA INSURANCE CO LTD Vs. ASHA RANI

JUDGEMENT

(1.) Pardeep Kumar alias Rakesh Kumar on 16.7.2005, fell victim to a vehicular accident when vehicle bearing registration No. JK 02-4814 driven by one Ajit Singh, s/o S. Jaspal Singh, r/o Upper Gadi Garh, hit his scooter at Chad-wal, Jammu. Pardeep Kumar breathed his last at the place of accident. The dependants of the deceased on 22.3.2006 laid a claim petition before Motor Accidents Claims Tribunal, Kathua. The claim petition was registered as No. 300/2006. The respondents in the claim petition including insurance company with which the offending vehicle was insured were summoned.

(2.) The respondent No. 4, i.e., the present appellant contested the claim petition inter alia on the grounds that as the driver of the offending vehicle was not holding a valid and effective driving licence at the time of accident, the owner of the vehicle was guilty of breach of insurance contract and the insurance company was not liable to indemnify the owner.

(3.) The Tribunal on perusal of the pleadings framed following issues: