NATIONAL INSURANCE CO LTD Vs. MOHD SIDIQ KUCHEY

JUDGEMENT

(1.) THIS Letters Patent Appeal is directed against the judgement dated 9.10.2002 passed in CIMA No. 8 of 2000, dismissing the appeal filed by the appellant herein against the award dated 31.12.1999 passed by Motor Accidents Claims Tribunal, Pulwama (for short Tribunal) in claim petition No. 2 of 1997 titled Jameela and others v. Mohammad Sidiq Kochay & others.

(2.) IT is profitable to notice the brief facts of the case herein. Claimants - - legal heirs of the deceased namely Abdul Gani Shah, filed claim petition before the learned Tribunal on 29.4.1997 on the ground that respondent No. 1. Mahammad Sidiq Kuchay, driver of the offending vehicle was driving the vehicle - - passenger bus bearing registration No. 141 -JKE on 10.04.1997, rashly and negligently and hit the deceased Abdul Ganai Shah at Sambora, Pulwama, who later on succumbed to the injuries. Claim petition came to be resisted by the appellant - - non -applicant No. 3 (insurer) before the learned Tribunal, on the ground that the driver - - respondent No. 1 was having effective/valid driving licence to ply only heavy motor vehicles and not the passenger motor vehicles. This objection has been taken by the insurer - - appellant in para 3 of the preliminary objections filed to the claim petition. There -after following three issues came to be framed vide order dated 20.8.1998:

(3.) THE appellant examined only one witness namely Mohammad Ashraf in support of his defence. The learned Tribunal after hearing arguments held that the appellant - - insurer has failed to discharge the onus and returned a finding on issue No. 3 in favour of the claimants and against it, accordingly saddled the appellant - - insurer with the liability, vide award dated 31.12.1999.