NATIONAL INSURANCE CO LTD Vs. ABDUL KARIM

JUDGEMENT

(1.) National Insurance Company Limited questions award dated 31 st of May, 2004 of Motor Accidents Claims Tribunal, Jammu, awarding an amount of Rs. 1,44,000/- (Rupees one lac and forty four thousand) with interest @ 9% per annum pendente-lite in File No. 174/Claims, on a claim preferred by first respondent, Abdul Karim, seeking compensation for the death of a buffalo owned by him, which died on spot because of the rash and negligent driving of Matador No. JK-02F-9657, which hit it while moving along with the herd near Interrogation Centre, Jammu.

(2.) This respondent's claim was contested by the Insurance Company, which had sought permission to contest it on grounds other than those, which were available to an insurer under the Motor Vehicles Act, inter alia, on the ground that the claim was irrational, illogical and highly exaggerated.

(3.) The Tribunal raised four issues to resolve the matter in dispute between the parties. The issues read thus :