GOURI RAINA Vs. KH. HABIB-ULLAH NAJAR

JUDGEMENT

(1.) THIS appeal by the claimants arises out of the award passed by Motor Accidents Claims Tribunal, Jammu on File No. 560/Claim dated 24-09-1996.

(2.) THE appellants herein filed a claim petition seeking compensation in respect of the death of the deceased in a vehicular accident, on 11-03-1986. It is alleged that the accident occurred due to reckless and negligent driving of the offending vehicle (truck) bearing Registration No. 6827-JKB. The deceased, while walking on the road towards Batmalu to attend his office, was struck by the offending vehicle driven recklessly and negligently by his driver in reversing the vehicle, as a result of which, the deceased sustained injuries and lost his breath in the hospital on the same day. The driver and the owner remained absent before the Tribunal and were stood exparte. The claim petition, however, was contested only by the Insurance Company, which refuted its liability on the ground that the vehicle was not insured with the Company on the date of accident.

(3.) THE only contention raised by Mr. K.L. Bhat, learned counsel appearing for the appellants, is that the Tribunal has mis-appreciated the evidence, much less ignored the material documents, viz., seizure memo and the FIR, showing the proof of the Insurance Policy vide which the offending truck was insured on the date of accident and wrongly fastened the liability to satisfy the award on the driver and the owner of the vehicle instead of the United India Insurance Company. Mr. Bhat further submitted that the Tribunal has also not taken note of the fact that while granting interim relief of Rs. 15,000/-, the Insurance Company was directed to satisfy the interim award vide its order dated 13.06.1987.