ORIENTAL INSURANCE CO LTD Vs. GULLA SHAH

JUDGEMENT

(1.) On 1.4.1996 Ambassador car with registration No. JKP 8264 driven rashly and negligently by respondent No. 4 at Bahu Awantipora, ran over the deceased and fatally injured him, who died as a consequence. The claimants Gulla Shah and others have filed claim petition before Motor Accidents Claims Tribunal (District Judge), Pulwama. The matter is pending before the Tribunal. The Tribunal awarded interim compensation of Rs. 50,000 in this death case on no fault liability under section 92-A of the Motor Vehicles Act of 1939 (Sic. section 140 of Motor Vehicles Act of 1988). This order of 6.10.2001 of the Tribunal is challenged in this petition.

(2.) The writ petition is filed under sections 103 and 104 of the Constitution of Jammu and Kashmir corresponding to Articles 226 and 227 of the Indian Constitution. The impugned order is assailed on sole ground that on the material date, the offending vehicle was not insured with the petitioner company. In fact the policy of insurance of the vehicle was valid from 3.4.1996 to 2.4.1997 while the accident took place on 1.4.1996. The petitioner has no remedy as no appeal is provided for compensation awarded in the interim on no fault liability therefore, the petitioner is approaching this court under sections 103 and 104 of Constitution of Jammu and Kashmir.

(3.) Mr. J.A. Kawoosa, appearing for petitioner submits that as the vehicle was not insured on the date of accident, therefore, the awarding of compensation against the insurance company, even by way of interim relief is not permissible and the Tribunal has committed error to order payment of the compensation. Insurance company cannot be fastened with liability to pay compensation for the accident in question when the policy was not in force on that material date. He cites New India Assurance Co. Ltd. v. Sita Bai, 2000 ACJ 40 (SC), in support of his submissions.