JAGDISH SINGH Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) MOUSA , a milk vendor and religious preacher succumbed to the injuries he received on 11.6.1997 when a Public Service Vehicle Bus no. JK02 -5955 driven rashly and negligently by its driver hit him near a Gurdawara situated at Gangyal, Jammu. His wife Fakra Bibi and son Master Shah Din filed a claim petition before the Motor Accidents Claims Tribunal, Jammu seeking compen - sation for his death, against New India Assurance Company Limited, and the appellant, the owner of the offending vehicle.

(2.) SETTING the appellant owner ex -parte, the Tribunal passed an award of Rs. 2,55,800 directing the Insurance company to satisfy the award with liberty to recover it later from the appellant, whose driver had been found driving the vehicle against the terms and conditions of the Insurance Policy because his licence did not have PSV endorsement on it as required by Rule 4(1) (a) of the State Motor Vehicle Rules.

(3.) AGGRIEVED by the Award dated 31st July, 2002 of the Tribunal, the appellant has preferred Civil Miscellaneous Appeal No. 43/2007 with an application seeking condonation of delay in its filing.