MEHMOODA Vs. ALIASS HUSSAIN SHAH

JUDGEMENT

(1.) Impugned in this Appeal is Award dtd. 5/10/2017, passed by Motor Accident Claims Tribunal, Srinagar, (for short "Tribunal") on a Claim Petition bearing File no. 54/2008 titled Mehmooda v. Alilass Hussain Shah and Ors., directing appellant Insurance Company to pay compensation in the amount of Rs.73,600.00 (inclusive of interim award, if any, passed) within a period of four weeks along with 6.5% interest per annum from the date of institution of claim till realization, on the grounds made mention of therein.

(2.) A claim petition, as is evident from perusal of the file, was filed by claimant/appellant, before the Tribunal on 1/4/2008, averring therein that the appellant Mehmooda D/o Azmat Ullah R/o Sarayee Banday Kamala Kout Uri, had injured in an accident, which took place on 19/9/2007, at Sarayee Banday, due to rash and negligent driving of driver of offending vehicle (Matador), bearing Registration no.JK09/3111, which was insured with Insurance Company. Appellant in her claim petition before the Tribunal, sought grant of compensation of Rs.3.00 Lakhs along with interest.

(3.) Insurance Company resisted the claim petition before the Tribunal, inter alia, on the grounds that driver of offending vehicle was not holding a valid driving license at the time of alleged accident, besides the vehicle was being plied without valid R/C, I/C, fitness and route permit. It was also stated that the alleged vehicle was not insured with respondent insurance company.