ORIENTAL INSURANCE CO LTD Vs. MISRA (MST )

JUDGEMENT

(1.) THIS appeal under Section 173 of Motor Vehicles Act is directed against the award dated 30.04.2003 passed by Motor Accident Claims Tribunal, Srinagar (for short the Tribunal) in a claim petition No. 49 Claim of 1999 titled Mst. Misra and others v. Diyan Singh and others.

(2.) MST . Misra widow of Gh. Mohd. Wani and Abida Nasreen, Tahira Bano, Manzoor Ahmad Wani, children of Gh. Mohd. Wani residents of Manasbal, Sumbal, Sonawari (at present Mehjoor Nagar Srinagar) filed a claim petition before the Tribunal on 24.03.1999 stating therein that Gh. Mohd. Wani died in a road traffic accident on 5.02.1999 at Pandrethan. The accident took place due to the rash and negligent driving of Diyan Singh - - respondent No. 1 before the Tribunal who was driving a bus bearing registration No. JK02 4303 from Srinagar to Jammu. When the bus reached M.P.Check Post Pandrethan it hit cyclist Gh. Mohd. Wani who sustained fatal injuries and succumbed to the same on spot.

(3.) THE Tribunal framed as many as four issues in the case which were as under: 1. "Whether the driver of the offending vehicle, respondent No. 1 was driving the vehicle bearing registration No. 4303 -JK02 (Bus) on 05.02.1999, rashly and negligently and the vehicle hit the deceased who was coming from the opposite direction on a bicycle and as a result of injuries caused by the vehicle he succumbed to injuries ? O.P.P. 2. In case issue No. 1 is proved in affirmative to what amount of compensation are the petitioners entitled to, from whom and in what proportion ? O.P.P 2 -A Whether the claim petition against the respondent No. 3 is not maintainable as the offending vehicle alleged to have caused the accident was not insured with the respondent No. 3 on the alleged date of accident ?O.P.R -3 3. Whether the driver of the offending vehicle was not holding a valid D/L at the time of occurrence, if so, what is the effect thereof ? O.P.R -3.