LAWS(J&K)-2004-6-12

NATIONAL INSURANCE CO LTD Vs. SAKINA

Decided On June 10, 2004
NATIONAL INSURANCE CO LTD Appellant
V/S
SAKINA Respondents

JUDGEMENT

(1.) THE appellant in these appeals has challenged the order of Motor Accidents Claims Tribunal on common 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 cases. While awarding compensation to the claimants/victims, the Tribunal also allowed interest @ 9% and 12% in various Claim Petitions.

(3.) THE validity of the orders of the Tribunal have been questioned by the appellant on the ground that though the finding has been recorded by the Tribunal that the driver was not having valid driving licence and in presence of such findings the Tribunal was not right to make an observation and direct that the appellant may approach an appropriate forum for recovery and prove violation of the policy condition and claim compensation from the owner.