NATIONAL INSURANCE CO LTD Vs. AMINA

JUDGEMENT

(1.) MANSOOR Ahmad Mir, J.-Respondent Nos.1 to 4 filed a claim petition before the Motor Accidents Claims Tribunal at Anantnag, for grant of compensation on the grounds that respondent No. 5, namely, Mohammad Yaqoob Ganai, driver has driven bus bearing registration No. JK 01-C 2419 rashly and negligently on 5.6.1997 at about 9.45 a.m. and hit the deceased who sustained injuries and succumbed to injuries. The deceased was 40 years of age and was employee of Jammu and Kashmir Forest Department drawing Rs. 5,314 as salary and was also earning Rs. 2,000 and Rs. 1,500 from agricultural vocation and floriculture per month. It was expected that he would have been shortly promoted as Range Officer.

(2.) OWNER and driver have failed to file reply before the Tribunal. The appellant insurer filed written statement and contested the petition and the Tribunal after going through the pleadings framed the following issues: "(1) Whether the death of Mohd. Hussain Chatoo was caused on 5.6.1997 due to rash and negligent driving of the respondent No. 1 while driving vehicle No. JK 01-C 2419? OPP (2) Whether respondent No. 2 was the owner of vehicle JK 01 -C 2419 and the same was insured with respondent No. 3 vide policy No. 487338? OPP (3) Whether Mohd. Yaqoob Ganai, respondent No. 1, did not possess proper driving licence in his name, if so what is its effect on the claim? OPD3 (4) Relief."

(3.) THE short grievance projected by the learned counsel for the appellant is that the Tribunal has committed error while asking the insurer-appellant to prove that owner has committed breach of the policy conditions. Insurer-appellant was to be given right of recovery without asking it to initiate further proceedings in order to prove that owner has committed breach of the policy conditions. Virtually, the appellant has not questioned the award on any other grounds.