NEW INDIA ASSURANCE CO LTD Vs. KAMAL KISHORE

JUDGEMENT

(1.) THE appellant has preferred this Civil First Miscellaneous Appeal against the award dated 24.10.2003 passed by Motor Accidents Claims Tribunal, Jammu (hereinafter referred as the Tribunal in short) in claim petition No.646 entitled Kamal Kishore Vs. Rajesh Rathore and others whereby an amount of Rs. 99,350/ - along with interest @ 9% per annum has been awarded in favour of the claimant -respondent No.1.

(2.) THE brief facts material for disposal of this appeal are that on 22.02.1999 the claimant -respondent No.1 was driving his scooter and when he reached near flyover Ranbir Higher Secondary School Jammu a rashly and negligently driven Matador bearing Registration No.JK02C -7027 came from the opposite direction and hit the scooter of the claimant -respondent No.1 as a result of which the claimant -respondent suffered multiple injuries. The claimant -respondent No.1 was admitted firstly in Government Medical College Hospital Jammu and then to Dr. Karam Singh Memorial Orthopaedic Hospital and Research Centre, Amritsar. The claimant -respondent No.1 filed a claim petition claiming compensation of Rs. 15 lacs from the driver, owner of Matador and Insurance Company -appellant with which the said Matador was insured. The learned Tribunal passed the award on 24.10.2003 whereby a compensation of Rs. 99,350/ - was awarded in favour of the claimant -respondent No.1 and directed the appellant -Insurance Company to satisfy the award.

(3.) BEING aggrieved by the said order of the Tribunal, the appellant -Insurance Company has preferred this appeal on the ground that the driver of the Matador namely Rajesh Kumar respondent was not holding valid driving license at the time of accident and as such the Insurance Company can not be burdened with the payment of award amount.