NATIONAL INSURANCE COMPANY LIMITED Vs. RAJA BEGUM

JUDGEMENT

(1.) Mst. Raja Begum-respondent No. 1 herein, was on 29th March 2007 at 10.30 AM, hit by speedily driven vehicle bearing Registration No. JK04/8157 at Herber Mod, Khag. She suffered injuries in the accident, was treated at Bone & Joint Hospital, Barzalla, Srinagar, and left disabled for rest of her. She laid a claim petition under Section 166, Motor Vehicles Act, before Motor Accident Claims Tribunal, Srinagar (hereinafter referred to as "Tribunal"), claiming Rs. 43,90,000/- as compensation on account of permanent disablement suffered by her in the accident, as also on account of medical expenses, transportation, shock, special diet, attendant, and other pecuniary and lion-pecuniary loss. Her case was that due to accident her pelvic bone was dislocated and her uterus damaged, making it impossible for her to conceive and give birth to a child. The claim petition was resisted by appellant insurance company on the ground that vehicle No. 8157/JK04 having insurance cover under Policy No. 421003/31/06/6300, was not involved in the accident. It was further pleaded that as driver of the offending vehicle was not holding valid and effective Driving License at the time of accident, the appellant is absolved of its liability to indemnify owner of offending vehicle.

(2.) The owner of offending vehicle denied involvement of his vehicle in the accident. He further insisted that driver was employed by him after satisfying himself that he was holding valid and effective Driving License and authorized to drive the insured vehicle. The owner of vehicle maintained that compensation, if any, was to be paid by insurance company and not owner as vehicle had insurance cover from appellant insurance company.

(3.) The Tribunal after going through pleadings, settled following issues: