NEW INDIA ASSURANCE CO. LTD Vs. KHAWAJA BI

JUDGEMENT

(1.) These are the three appeals arising out of a common judgment/award dated 20th May, 2014, involving same accident, having been passed by the Motor Accident Claims Tribunal, Poonch. All the claim petitions have been allowed. In all the three appeals, the appellant has challenged the aforesaid judgment/award.

(2.) In the memo of appeals, it has been stated that the respondent Nos. 1 and 2 (in CIMA No. 524/2014), respondent Nos. 1 to 4 (in CIMA No. 523/2014) and respondent Nos. 1 to 3 (in CIMA No. 522/2014) filed the claim petitions before the Motor Accident Claims Tribunal, Poonch, (in brevity, the MACT) for grant of compensation on account of death of Shr. Ghulam Hussain in CIMA No. 524/2014; Shr. Mohd. Rashied in CIMA No. 523/2014; and Shri Mir Hussain in CIMA No. 522/2014, who died in road traffic accident, which happened on 15th February, 2007 travelling in the Vehicle/Tata Mobile bearing Registration No. JK01H-7321 while going from Murrah to Surankote.

(3.) The respondents namely, Mian Bashir Ahmed and Abdul Hameed being the owner and driver of the offending vehicle were also impleaded as respondents in the claim petitions filed by the aforesaid respondents before the MACT, Poonch along with appellant-company being the insurer of the offending vehicle. The appellant-company after service, filed objections to the claim petitions by taking various defences available to it. The appellant-company, in its objections to the claim petitions, has specifically pleaded that the vehicle was being driven in violation of the policy terms & conditions and the provisions of Motor Vehicle Act and, therefore, the appellant-company was not liable to indemnify the insured and pay compensation to the claimants.