NATIONAL INSURANCE COMPANY LIMITED Vs. IMRAN KHAN

JUDGEMENT

(1.) Impugned in this Appeal is Award dtd. 19/6/2014, passed by Motor Accident Claims Tribunal, Srinagar, (for short "Tribunal") on a Claim Petition bearing File no. 55/2007 titled Imran Khan. v. National Insurance Company Limited and Ors., directing appellant Insurance Company to pay compensation of Rs.2.00 lacs along with 6% interest from the date of institution of claim till realization, on the ground that driver of offending vehicle was not holding valid and effective driving licence at the time of accident.

(2.) Perusal of file reveals that a claim petition was filed by claimant/respondent no.1 before the Tribunal on 31/3/2007, averring therein that he was a mechanic by profession and when he was at his workshop situated at Lasjan, respondent no.3 came there along with his vehicle bearing Registration No. Jk04A-0942 who want to get his vehicle checked which had some problem in the break. The driver parked the vehicle in the workshop and went for taking tea with instructions to respondent no.1 herein to immediately adjust/effect necessary repairing of the breaks in the vehicle. The respondent no.1 while making necessary adjustment of breaks laid down himself beneath the parked vehicle, the driver of the vehicle, respondent no.3 rashly and negligently drive the vehicle over the lower part of abdomen of the respondent no.1 leading to multiple injuries to his body. The police while taking the cognizance of the occurrence has registered a case at Police Nowgam under FIR No. 07/2007 for offences under Sec. 279, 337 RPC. The photocopy of FIR is on the file which, however, reveals that the accident has taken place at near Lasjan when the Tanker bearing Registration No. JK04A/0942, which is the offending vehicle herein had got struck with the respondent no.1 who was walking on one side of the road.

(3.) Respondent no.1 while claiming the compensation have claimed that he has undertaken training as motor mechanic at Delhi. Initially, he was working at Roshan Ara Road with one Shamshad Mistri for a period of eight years. Thereafter, he has come to Srinagar and working as owner of Star Service Station popularly known Rafiq Pump Wala at Srinagar. The respondent no.1 was getting Rs.12000.00per month as his salary. He had been working with the firm from 2000 to 2002. In the year 2003, he started his own business of spare-parts there. Due to accident, the respondent no.1 is unable to do any work. He is neither able to move nor sit or walk affectively. He was hospitalized for the injuries which he has suffered and has claimed the compensation on account of Hospitalization, Medication, shock trauma of Rs.63,63000.00 along with interest.