VIVEK SHARMA Vs. SOM DUTT

JUDGEMENT

(1.) Order dated 2nd of June 06, passed by a learned single Judge of this Court whereby the Civil 1st Miscellaneous Appeal (CIMA) No. 198/03, filed by the appellants has been dismissed, is the subject-matter of challenge in the present Letters Patent Appeal.

(2.) The facts in brief for the disposal of this appeal are that one Shiv Kumar Sharma, while travelling in a matador which met with an accident on 5th of Aug' 94, suffered serious injuries. His left foot got completely crushed. A claim petition came to be filed by him before the Motor Accidents Claims Tribunal Jammu (hereinafter referred to as the Tribunal). The learned Tribunal vide order dated 22nd of Feb '02, passed an award of Rs. 3,23,000/- minus interim relief, along with interest @ 9% per annum in favour of the claimant. The learned Tribunal, however, was of the view that as the offending vehicle was not insured with the insurance company at the time of accident, the award would be satisfied by the owner and driver of the offending vehicle.

(3.) The aforesaid order passed by the learned Tribunal was challenged by the appellants before the learned 1st Appellate Court through the medium of CIMA 198/03, referred to above. After hearing learned counsel for the parties and going through the record, the learned 1st Appellate Court while deciding the appeal vide order impugned was of the view that in the absence of a valid insurance contract, no liability can be fastened upon the Insurance Company to pay the awarded amount of compensation. It is against the aforementioned order, as indicated above, the present appeal has been preferred by the appellants who are the legal heirs of claimant-Shiv Kumar Sharma.