NATIONAL INSURANCE CO LTD Vs. OMKAR SINGH

JUDGEMENT

(1.) NATIONAL Insurance Company Limited has questioned award dated 27 -01 -2003 of Motor Accidents Claims Tribunal, Jammu, made in File No.654/Claims titled Omkar Singh and another versus National Insurance Company Ltd. and another, awarding an amount of Rs.3,65,000/ - as compensation to respondents -1 and 2, who are the parents of one Mohan Singh, who, while travelling in truck bearing registration No.7082/JKC from Kargil to Srinagar, died on spot, when the truck, driven rashly and negligently by its driver, rolled down into a nullah near Sumbal.

(2.) THE claim petition of the claimants/respondents -1 and 2 was contested by the appellant. The contest gave rise to the following issues:

(3.) LEARNED counsel for the appellant has questioned the award only in so far as it directs the appellant to satisfy the award, even after holding that the driver of the truck had been driving the vehicle in violation of the terms of the Insurance Policy and the insurer was not liable to indemnify the insured. Learned counsel refers to National Insurance Co. Ltd. versus Bommithi Subbhayamma and others, reported as (2005) 12 SCC 243.