LAWS(J&K)-2005-3-9

NATIONAL INSURANCE CO LTD Vs. MOHAMMED RAFIQ BHAT

Decided On March 22, 2005
NATIONAL INSURANCE CO. LTD. Appellant
V/S
MOHAMMED RAFIQ BHAT Respondents

JUDGEMENT

(1.) This appeal is outcome of a claim petition presented by Mohammad Rafiq Bhat and Dilshada before Motor Accidents Claims Tribunal, Pulwama. The claimants-respondent Nos. 1 and 2 have sought indulgence of Motor Accidents Claims Tribunal, Pulwama for the grant of compensation to the tune of Rs. 2,20,000, on the grounds that Mohammad Iqbal Haji owner-driver has driven the vehicle bearing registration No. JK 1-B 701 rashly and negligently on 21.11.1998 and hit one Masoom Jan, aged 5 years, daughter of claimants-respondent Nos. 1 and 2, who succumbed to the injuries.

(2.) The ex pane proceedings have been drawn against respondent No. 3. The learned Presiding Officer, Motor Accidents Claims Tribunal, Pulwama after hearing appellant and respondent Nos. 1 and 2, passed the impugned award. The appellant insurer has been saddled with the liability with the direction that appellant insurer is at liberty to recover the awarded amount from the owner, if advised.

(3.) Feeling aggrieved by the impugned award, appellant has preferred the appeal in hand. The respondents have not appeared and have been set ex pane.