LAWS(J&K)-2008-7-8

NATIONAL INSURANCE Vs. NIZAM UD DIN

Decided On July 04, 2008
NATIONAL INSURANCE CO. LTD Appellant
V/S
NIZAM-UD-DIN Respondents

JUDGEMENT

(1.) - Appellant has challenged the award/judgment dated 30.6.2007 passed by the Motor Accidents Claims Tribunal, Budgam in claim petition titled Nizam-ud-Din v. National Insurance Co. Ltd. (for short 'the impugned award').

(2.) Learned counsel for the appellant while addressing arguments only contested the appeal and questioned the impugned award on two counts, i.e., driver was not having effective and valid driving licence and the amount awarded is on higher side.

(3.) In order to determine both these questions, it is necessary to notice the brief facts of the case: Gulzar Ahmad Masoodi was driving his Maruti car on 23.6.2001 from Pampore to Anantnag and met with a fatal vehicular accident at Haimullah Sangam, Jammu- Srinagar National Highway, caused by respondent Manzoor Ahmad Sheikh, driver, while driving bus bearing registration No. JKC 5136 rashly and negligently.