NATIONAL INSURANCE CO. LTD. Vs. SAMEER HUSSAIN RATHER

JUDGEMENT

(1.) The appellant Insurance Company has challenged award dtd. 12/3/2019 passed by the Motor Accidents Claims Tribunal, Srinagar (hereinafter referred to as "the Tribunal"), whereby compensation in the amount of Rs.20,54,251.00 along with interest @6.5% per annum has been awarded in favour of respondents No.1 to 3 (hereinafter referred to as "the claimants") and the appellant has been burdened with the liability to satisfy the said award.

(2.) The claim petition has arisen out of a road traffic accident that took place on 7/9/2012, as a result of which one Ghulam Hassan Rather, who happened to be the father of respondents No.1 and 2 and husband of respondent No.3, suffered fatal injuries. In the claim petition, it was alleged that the deceased was travelling in a vehicle bearing No.JK01F-4924 that was being driven rashly and negligently by its driver, respondent No.4 herein, as a result of which the vehicle met with an accident upon reaching Wushoo on Wangam - Chadoora road. It was submitted by the claimants that the deceased was aged 52 years and he was working as a Beldar in Radio Kashmir, Srinagar, drawing a monthly salary of Rs.30,000.00. The claimants sought compensation in the amount of Rs.30.00 lacs along with interest @12% per annum.

(3.) The claim petition was resisted by the appellant Insurance Company as well as by respondents No.4 and 5, the driver and owner of the offending vehicle. The appellant Insurance Company in its reply admitted the currency of policy of insurance of the offending vehicle on the date of the occurrence. It was, however, claimed that owner of the offending vehicle had committed breach of the policy conditions, inasmuch as driver of the offending vehicle was not holding a valid driving licence nor the documents of the vehicle were valid. The owner and driver of the offending vehicle viz. respondents No.4 and 5, while denying the occurrence, claimed that the compensation sought by the claimants is highly excessive.