VIVEK SHARMA Vs. SOM DUTT

JUDGEMENT

(1.) MOTOR Accidents Claims Tribunal, Jammu vide its common order dated 22.2.2002 decided four claim petitions including File No.212/claims. The appellants, who are the legal heirs of Shiv Kumar Sharma, claimant of claim petition No.212/claims, are in appeal.

(2.) THE brief facts of the case are that on 5.8.1994 the claimant, Shiv Kumar Sharma, in the above referred claim petition, filed under Section 166 of Motor Vehicle Act, was travelling in a Matador No.JK02/7235 being driven by respondent No.1. The said matador turned turtle around 7/7:15 AM, which resulted into serious injuries to its passengers. The claimants left foot was completely crushed. He claimed compensation from the driver/respondent No.1, owner/respondent No.2 and the insurance company/respondent No.3. The learned Tribunal after holding that the accident occurred due to the rash and negligent driving of respondent No.1, found the claimant entitled to claim compensation of Rs.3,23,000/ - minus the interim relief from the driver/respondent No.1 and owner/respondent No.2 alone, and absolved the Insurance Company from its liability to indemnify on the ground that there was no insurance policy in existence at the time of accident.

(3.) BEING aggrieved of the order of learned Tribunal, so far it absolved the Insurance Company of its liability to indemnify the claimant, who died subsequently, the appellants/legal heirs of claimant have filed this appeal.