NATIONAL INSURANCE CO LTD Vs. ZEBA

JUDGEMENT

(1.) THIS appeal is directed against the judgement and award dated 8 -8 -2006 passed by Motor Accidents Claims Tribunal, Srinagar in claim petition titled Mst. Zeba and others Vs. Ravlob Zang Angchok and others, allowing the claim petition and an amount of Rs. 11,88,000/ - with 9% interest from the date of the claim petiton till its final realization came to be granted in favour of the respondents 1 to 6 and against the insurer appellant, insured owner of the vehicle and driver (respondents 7 and 8).

(2.) THE brief facts of the case are that the victims of the vehicular accident respondents 1 to 6 filed a claim petition before the Motor Accidents Claims Tribunal, Srinagar, for grant of compensation to the tune of Rs. 31,16,000/ - on the ground that their bread earner namely Abdul Razak Thokar, deceased, became victim of vehicular accident on 8 -2 -2000 at about 4.30 p.m. near Nurla Nundray Furkay Thung National Highway, which was caused by respondent No. 8 namely Tsering Tashi, driver while driving the offending vehicle, Minibus bearing Registration No. 2833/JK01 -A rashly and negligently. The deceased was traveling in the said vehicle as a passenger. The respondent No. 8 was driving the offending vehicle rashly and negligently as a result of which, it fell into a deep Nallah, which resulted in the death of deceased on spot. The deceased was a Government employee and was working as Assistant Sub -Inspector in Police Telecommunication department, Kashmir Range and was receiving Rs. 9359/ - as pay per month.

(3.) THE respondents have filed written statement. Whereas respondents 7 and 8 denied any accident having taken place, the appellant expressed ignorance about the accident, but admitted that the offending vehicle was insured with them. On the pleadings of the parties, following issues came to be framed: 1. Whether on 8 -2 -2000, respondent No. 2 Charung Lushi was plying Minibus No. 2833/JK01A rashly and negligently as a result of which, near Nurla Mundray Furkay Thung Highway, he lost control of the same and it fell into deep gorge which caused the death of Abdul Razak Thakur, ASI who was traveling in the said vehicle? OPP. 2. In case issue No. 1 is proved affirmative, to what amount of compensation, the petitioners are entitled to, from whom and in what proportion? OPP. 3. Whether the driver of the offending vehicle was not holding a valid driving license and as such the Insurance Company can not be saddled with the liability? OPR3.