NATIONAL INSURANCE CO. LTD. Vs. SADIYA SHABIR

JUDGEMENT

(1.) The National Insurance Company Limited is on appeal challenging the award dated 30-4-2014 passed by the Motor Accident Claims Tribunal, Doda, for short, the Tribunal.

(2.) These appeals arising out of a single accident which happened on 7-9-2009 are disposed of by a common order.

(3.) The ill fated Bus bearing Registration No. JK02D/6339 was proceeding from Doda to Jammu and due to rash and negligent driving of its driver it met with an accident at Assar on Batore Doda road. The offending vehicle was owned by one Sukhdev Singh - respondent No. 2 and insured with appellant-Insurance Company. The passenger carrying capacity of the vehicle (Bus) was 42. On the 7-9-2009, it is on record that offending vehicle was carrying more than 50 passengers and due to overloaded the vehicle could not be controlled and the accident happened, due to which 26 persons died and 30 were injured.