UNITED INDIA INSURANCE CO. LTD. Vs. ABDUL LATIEF

JUDGEMENT

(1.) A Motor Vehicle bearing registration No. JK02P/9709 (for short "the offending vehicle") on its way from Thathri to Gandoh met with an accident on 17/1/2009 resulting into multiple deaths and injuries to the passengers travelling in the said offending vehicle. The offending vehicle was being driven by its driver, namely, Jaffer Hussain and owned by one-Liyakat Ali, being respondents herein.

(2.) The legal heirs of the dead as well as the injured passengers travelling in the offending vehicle filed claim petitions before the Motor Accident Claims Tribunal, Bhaderwah (for short "the Tribunal") seeking compensation thereof under and in terms of the provisions of Motor Vehicles Act, 1988 (for short "the Act of 1988").

(3.) In the said claim petitions, besides impleading the above named owner and driver of the offending vehicle as respondents therein, the Insurance Company/appellant herein as well came to be impleaded as party respondents owing to the reason that the offending vehicle was insured with it.