NATIONAL INSURANCE Vs. JAVAID AHMAD KHAN

JUDGEMENT

(1.) THIS appeal is directed against the award dated: 24.6.2004 passed by the Motor Accident Claims Tribunal, Anantnag (for short the Tribunal) in Claim Petition titled Javaid Ahmad Khan v. Mohammad Hussain Gujjar.

(2.) THE relevant facts for disposal of this appeal are that respondents 1 and 2 being the father and mother of deceased Zahoor Ahmad Khan, a boy of four years, who had died in accident with Truck No. 6378 -S which was driven rashly and negligently by respondent No. 3 Mohammad Hussain Gujjar. The learned Tribunal after recording the evidence of the parties passed an award of Rs. 1,50,000/ - with interest at the rate of 9% from the date of application till realization in favour of the claimants. Aggrieved by which the National Insurance Company filed the present appeal.

(3.) LEARNED Counsel for the appellant has submitted that when the driver and owner did not contest the claim petition and proceeded exparte then there is no need to seek permission to contest the petition on merits and it will be presumed that there is implied permission.