NATIONAL INSURANCE CO LTD Vs. MOHD SULTAN ASIM

JUDGEMENT

(1.) THE Claimants of claim case under Motor Vehicles Act, Who were respondents in the connected LPA Nos. 34 and 35 of 2002, titled National Insurance Company Ltd v Mohammad Sultan Asim and others, seek review of the judgment and order of the Division Bench dated 2nd December, 2002 in the aforementioned appeals allowing in part the appeals of the Insurance Company and modifying to that extent the award of Motor Accidents Claims Tribunal, Srinagar

(2.) IN view of the nature of the present petition and the arguments advanced by counsel for the parties, it is not necessary to notice the facts of the case. Suffice it to say that a motor accident took place on 20th April, 1997 at Laveypora, Srinagar, in which claimant Mohammad Sultan Asim, who was driving scooter enroute to Magam from Srinagar, sustained injuries and his son, Suhail Sultan, who was sitting on the pillion seat, lost his life when the scooter was hit by a bus bearing registration no JKB -8766 driven by Manzoor Ahmad Ganai. The Insurance Company resisted the claim which Mohammad Sultan Asim and others lodged before the Claims Tribunal for compensation, inter alia, on the ground that the driver did not have effective driving licence at the time of accident. It is relevant to mention here that neither the owner of the vehicle, S. Harbans Singh, nor the driver appeared in the proceedings to contest the claim. As a result, they were set ex -parte. Upholding the claim of the claimants, the Claims Tribunal, vide judgment and award dated l3th April, 1999, awarded compensation of Rs.29, 78, 530.75 with interest at the rate of 12% on the sum of Rs.7, 37, 330/ - from the date of institution of the case as also cost of Rs. 15, 000/ -. In the other case, sum of Rs.2.88 lakhs with interest at the rate of 12% from the date of the claim was awarded. The Insurance Company challenged the award before this Court in CIMA nos. 45 and 46 of 1999. By judgment dated 26th September, 2001, the appeals were dismissed by a learned Single Judge. The Insurance Company preferred letters patent appeals, being LPA nos. 34 and 35 of 2002, which were allowed in part, as stated at the outset, giving rise to these petitions for review by the claimants.

(3.) MR . R.A. Jan, learned counsel for the review petitioners, submitted that the Division Bench entertained the appeals and interfered with the quantum of compensation placing reliance on the decision in United India Insurance Co. Ltd. v. Bhushan Sachdeva, AIR 2002 SC 662 : (2002) 2 SCC 265, which was overruled in National Insurance Co. Ltd. v. Nicolletta Rohtagi, (2002) 7 SCC 456. The judgment being 'mistaken in law, is fit to be reviewed.