NATIONAL INSURANCE CO. Vs. NISSAR AHMAD WANI

JUDGEMENT

(1.) THE registry has reported vide note dated 25.06.2004 that the notice were sent to respondents 2 and 3 by post. There is no service return and respondents are deemed to have been served as per the mandate of order 5 Rule 19(A)(2) CPC. Thus the exparte proceedings are drawn against the respondents 2 and 3.

(2.) BY the medium of this appeal appellant has assailed the award dated 30th August, 2003 passed by Presiding Officer, Motor Accident Claims Tribunal, Anantnag in the claim petition titled as Nisar Ahma Wani v. Mehboob Ahmad and Ors., on the ground taken in the memo of appeal. The said grounds can be summarized as under; - That the accident has occurred due to rash and negligent driving of the driver of the CRPF vehicle, thus the insurance company/appel -lant cannot be saddled with the liability. The Tribunal has not appreciated the said point of fact.

(3.) HEARD . Learned counsel for appellant addressed arguments that actually the driver of the CRPF vehicle has driven the vehicle rashly and negligently and has caused the accident. Thus the appellant cannot be saddled with the liability and the appellant is within his rights to contest the award on all grounds which are available to driver and owner in terms of Section 170 of Motor Vehicles Act and the just compensation has not been awarded.