MOHD SHABAN Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) CLAIMING compensation for the death of Nissar Ahmad in a motor vehicular accident, appellant Nos. 1 and 2, the parents and appellant No. 3, the daughter, of the deceased filed a claim petition before the Motor Accidents Claims Tribunal, Srinagar which was decided by the Motor Accidents Claims Tribunal, Pulwama, Kashmir, to which it had been later transferred, awarding an amount of Rs. 1.28 lacs as compensation along with interest @ 6% from the date of filing of the claim petition to the claimants. This amount, in terms of the award, was to be satisfied by the owner and the driver of the vehicle in the ratio indicated in the award. National Insurance Co. Ltd. was absolved of its liability to indemnify the claim by the Tribunal, on the ground that the vehicle had been proved to have been driven by a person who was holding a fake driving license. The appellants thereafter approached the Motor Accidents Claims Tribunal Srinagar seeking execution of the award.

(2.) THE Motor Accidents Claims Tribunal, Srinagar directed the Insurance Co., on appellants application, to satisfy the award and later recover it from the owner and driver of the offending vehicle. The Tribunal had passed this direction relying upon National Insurance Co. Vs. Swarn Singh, reported as AIR 2003 S.C. 131 and Section 149 of the Motor Vehicles Act 1988.

(3.) ALLOWING Insurance Companys CIMA 120/2007, the Tribunals direction to the Company to satisfy the award has been set -aside vide order dated 18.12.2008 of a learned Single Judge of this Court.