NATIONAL INSURANCE COMPANY LTD. Vs. PARVEENA AKHTAR

JUDGEMENT

(1.) This is a fatal accident of the year 2009.

(2.) The accident happened in this case on 07.08.2009, when the deceased Raja Ishtiauq Syed was travelling in the offending vehicle bearing registration No. JK03-9530, driven by respondent no. 2, rash and negligently, collided with a Truck coming from the opposite direction, as a result of which deceased sustained grievous injuries and died on spot.

(3.) The Appellant-Insurance company, filed the instant appeal on the count that they are not liable to compensate the claimants as the case is not covered by the policy, issued in respect of the offending vehicle. It is pleaded that deceased was travelling in Maruti Car (offending vehicle) as a gratuitous passenger which was driven by Aijaz Ahmad in a rash and negligent manner. The finding of the learned Tribunal is not disputed by any person.