NATIONAL INSURANCE CO LTD Vs. NISSAR AHMAD SHEIKH

JUDGEMENT

(1.) THE appeal in hand is directed against the judgment/ award dated 24th of March, 2007 passed by Motor Accident Claims Tribunal, Srinagar, whereby and whereunder a batch of claim petitions - -Claim petition Nos. 75, 76, 77 and 12 came to be decided, hereinafter short impugned award.

(2.) INSURER -appellant feeling aggrieved preferred this appeal on the grounds taken in the memo of appeal.

(3.) THE brief facts of the case, the womb of which has given rise to this appeal is that Ishpal Singh -driver has driven the petrol tanker No. 7701/JKE -offending vehicle rashly and negligently at Rambagh near Khaliq Crossing and hit a Taxi bearing registration No.4757/JKT and in the process taxi turned turtle and was badly damaged. FIR No.50/1999 came to be registered in P/S Shergri under Section 289, 304(A), 427 of RPC. The owner of the taxi, Nissar Ahmad Sheikh, filed a claim petition for grant of compensation on the grounds that the vehicle -taxi was completely damaged.