NATIONAL INSURANCE CO LTD Vs. SHAH MALI

JUDGEMENT

(1.) THE appellant in these appeals has challenged the award of the Motor Accident Claims Tribunal on common legal grounds. These appeals have been consolidated and are being disposed of by common order having involved common questions for adjudication.

(2.) AS a result of the accident the claimants filed their Claim Petitions before the respective Tribunals having the jurisdiction. The Tribunal awarded the compensation, on appreciation of the evidence and the law relating to the facts of the M ACT claim petition. While awarding compensation to the claimants/victims, the Tribunal also allowed interest @9% and 12% in various Claim Petitions.

(3.) APPELLANT has challenged the award of the Tribunal mainly on the ground that the driver at the time of the accident possessed a light motor vehicle licence was not in law authorized for plying a Public Service Vehicle, as the said driving licence was not duly endorsed by the Licensing Authoriry to drive such vehicle. The finding of the tribunal is that the driver having a light motor vehicle licence do not require the endorsement by the Licensing Authority to ply Public Service Vehicle as the licence impliedly contains the authorization of driving a Public Service Vehicle. The appellant relying upon Rule 4 of the J&K Motor Vehicles Rules, 1991 has challenged the legality and correctness of the finding of the Tribunal. The appellant has also challenged the award of interest by the Tribunal beyond 9% on the awarded amount. Direction of the Tribunal issued in some of the claim petitions if the award is not satisfied within a period of three months or so, the appellant shall be liable to pay 12% interest till realization has also been challenged. Another ground set out in the appeal by the appellant is that the claimants have been awarded compensation for shock, pain and consortium etc., by the Tribunal which could not have been granted, keeping in view schedule II of the Motor Vehicle Act, 1988 and thus is without jurisdiction.