UNITED INDIA INSURANCE CO. LTD Vs. RAFIQA

JUDGEMENT

(1.) United India Insurance Company Limited is in appeal against the award dated 23rd April, 2019, passed by Motor Accident Claims Tribunal, Srinagar (hereinafter Tribunal) in file No.274 of 2015 titled "Rafiqa and others Vs. Sajad Ahmad Bangroo and others", whereby the Tribunal has awarded compensation to the tune of Rs.38, 89,600/ along with simple interest @6.5% per annum from the date of presentation of the claim petition till its realization.

(2.) Before adverting to the grounds of challenge taken in this appeal, it would be advantageous to, briefly, refer to the contextual facts of the case:

(3.) Apart from disputing the computation of compensation awarded to the claimants, the appellant has emphasized on the ground that in view of the clear evidence on record that the driver of the offending vehicle was driving the vehicle in violation of the conditions of permit, the Tribunal ought to have absolved the appellant of its liability to indemnify the owner. With a view to buttress his submission, learned counsel for the appellant relies upon following judgments of the Supreme Court: