NATIONAL INSURANCE COMPANY Vs. NAZIR AHMED

JUDGEMENT

(1.) The learned counsel appearing for the appellant has raised the argument in the appeal that the liability to pay the compensation amount as held by the learned Motor Accident Claims Tribunal, Kishtwar is upon the owner of the vehicle and not the appellant herein as the claimant who has suffered injury during the course of accident was gratuitous passenger. The Tribunal could have at the most directed the appellant herein the insurance company to pay the amount of compensation to the claimant and entitle the appellant to recover the same from the owner of the vehicle if not directing in the first instance the owner of vehicle to compensate the victim. It is submitted that the vehicle involved in the accident was truck, therefore, the liability has to be upon the owner and not the Insurance Company as the claimant cannot be said to be covered by insurance policy.

(2.) The accident occurred on 6/3/2002 due to the rash and negligent driving of the driver of the truck and in which the claimant got injured is not in dispute.

(3.) The victim has been awarded Rs.85,000.00 as compensation along with interest @9% from the date of application till the realization of the whole amount.