NATIONAL INSURANCE COMPANY LIMITED Vs. GH MOHAMMAND WANI

JUDGEMENT

(1.) In Claim Petition No. 32 of 2000, the M.A.C.T. (District Judge, Pulwama) has by order dated 8.8.2002 awarded compensation in the sum of Rs. 4,00,000 to the claimant parents of one Sheeraz Ahmed Wani with 6 per cent simple interest from the date of filing of the petition (15.3.2000) till realization. This award is impugned in this appeal by National Insurance Co. Ltd.

(2.) The counsel for the appellant insurance company has made twofold submissions. First that the award is on higher side and second, that the owner and driver of the vehicle are to be saddled with liability to pay the award amount as the driver, respondent No. 1, is found by the Tribunal driving the offending vehicle on the material date without driving licence. Counsel for the claimants in reply has defended the award on the ground that the compensation has been awarded in terms of law as assessed on evidence on record. It is conceded that driver respondent No. 1 is without a valid licence. But even so the counsel contends that this amount is to be paid by the insurance company and the amount can be recovered by the insurance company from the owner, respondent No. 2.

(3.) It is not in dispute that Sheeraz Ahmed Wani who died as a result of fatal injuries sustained by him in the vehicular accident in question when respondent No. 1 was on the steering was of 22 years age, the claimants are his father and mother and the rash/negligent driving is the cause of accident. The vehicle so far as third party is concerned was duly covered by insurance cover and the policy on the material date is also admitted. The impugned judgment is perused.