BHARAT TRANSPORT CO Vs. KARTAR CHAND

JUDGEMENT

(1.) The short controversy involved in this appeal is whether the Tribunal has rightly granted right of recovery to the respondent No. 3 to recover the amount from the insured appellant?

(2.) In order to determine this issue, the relevant facts are to be noticed. Kartar Chand, respondent No. 1, has driven the vehicle (bus) bearing registration No. JKC 4803 rashly and negligently and has caused the accident. Respondent No. 2 being victim of the said vehicular accident filed a claim petition before the Motor Accidents Claims Tribunal, Srinagar on 21.7.1998 and claimed compensation on the ground of permanent disability.

(3.) After framing issues and recording evidence, the Tribunal passed an award dated 14.2.2005 in favour of the claimant- respondent No. 2 and saddled the insurer, respondent No. 3, with the liability with a right of recovery.