NEW INDIA ASSURANCE CO LTD Vs. IMTIAZ BANO

JUDGEMENT

(1.) MRS . Imitiaz Bano filed a Claim Petition before Motor Accidents Claims Tribunal, Jammu, claiming an amount of Rs.1,61,25,197/ - as compensation for 100% disability suffered by her because of severe injuries and irreparable damage to vertebra and spinal cord resulting in TRAUMATIC PARAPLEGIA.

(2.) THE owner and the driver were set exparte. The New India Assurance Company was permitted by the Tribunal to contest the claim additionally on the grounds available to the owner and the driver of the vehicle.

(3.) ISSUES framed by the Tribunal read thus: 1. Whether accident involving injuries to the petitioner has occurred due to the rash and negligent driving of the offending bus bearing No: JK02E -0979 by its driver respondent No.2 on 18.08.1997? OPP 2. In case Issue No.1 is proved in affirmative what is the amount of compensation payable to the petitioner and by whom? OPP 3. Whether the driver of the offending vehicle was not holding a valid and effective driving licence at the time of the accident? O.P. Parties.