LAWS(J&K)-2008-12-30

NATIONAL INSURANCE CO LTD Vs. MOHAMMAD SHABAN DAR

Decided On December 18, 2008
NATIONAL INSURANCE CO. LTD Appellant
V/S
MOHAMMAD SHABAN DAR Respondents

JUDGEMENT

(1.) This appeal is directed against the order dated 7.3.2007 passed by Motor Accidents Claims Tribunal (M.A.C.T.), Pulwama in execution petition titled Haji Mohammad Shaban Dar v. Singara Singh, whereby the appellant insurer came to be directed to satisfy the award with interest and recover the same from owner-driver on the grounds taken in the appeal.

(2.) The question involved is whether M.A.C.T. in the execution proceedings can modify the award and direct the insurer to satisfy the award with a right to recover despite the fact that no such direction is contained in the award passed in the main claim petition?

(3.) In order to decide the question it is necessary to give a brief facts of the case which have given birth to the instant appeal.