NATIONAL INSURANCE COMPANY LIMITED Vs. HABIBULLAH HAJAM

JUDGEMENT

(1.) This appeal at post-admission stage is taken for final disposal on consensual submissions of the counsel for the parties. The Claims Tribunal file is on record. Heard.

(2.) Claimants before the Tribunal and respondent Nos. 1 and 2 in this appeal filed a claim petition before the Motor Accidents Claims Tribunal, Budgam, on the ground that the goods vehicle with registration mark and No. JK 08-2396 was rashly and negligently driven by Kuldeep Kumar, respondent No. 1, when it met with an accident on 4.6.2001 near Police Colony, Qamarwari, causing fatal injuries to Mohd. Shaffi Hajam who later succumbed to his injuries (son of the claimants). After raising issues, the Tribunal disposed of the matter and awarded the compensation of Rs. 2,40,000 with 9 per cent interest from 27.7.2000 to the date of actual payment or realization. The appeal is filed against this award and order dated 18.4.2002 of the Tribunal.

(3.) Mr. Kawoosa, submits that in the written statement and also in the submissions and in various interim applications filed in the main claim case (11 of 2000), insurance company (appellant) has raised the plea that Kuldeep Kumar who was on the steering at the material time and date was not having valid driving licence. The Tribunal has not returned any finding on the issue except to say that the issue has not been proved by the insurance company. The insurance company/appellant moved more than one application for summoning the record from ARTO, Udhampur, under whose signatures the licence is shown to have been issued and also for verification of the validity or otherwise of the licence by Vigilance Organisation, when a private investigating agency Expert Investigation Services reported the licence to be fake. But even so repeated pleas for summoning the record and verification of validity of the licence had been turned down without any rhyme or reason. This submission of Mr. Kawoosa is borne out by the Claims Tribunal record.