JUDGMENT :

Dhiraj Singh Thakur, J.

The present appeal has been filed in terms of Section 173 of the Motor Vehicles Act against the judgment and award passed by the Motor Accident Claims Tribunal, Srinagar (for short, ‘Tribunal’) dated 31/10/2018.

2. Briefly stated the material facts are as under:

3. A claim petition came to be filed by the respondents No. 2 and 3 before the Tribunal, claiming compensation on account of death of one Aabid Bashir Wani, the son of the respondents on account of a vehicular accident caused due to the alleged rash and negligent driving of the driver of the offending vehicle (Tipper) bearing registration No. JK16/4098 on 11.12.2013. Incidentally, the driver of the offending vehicle is also the owner of the offending vehicle.

4. In response to the claim petition, defences were taken by the owner-cum-driver of the offending vehicle as also the insurance company-appellant herein. While the owner-cum-driver of the offending vehicle denied any rash and negligent driving as was alleged against him, the insurance company claimed violation of the policy conditions as also the statutory provisions of the Motor Vehicles Act.

5. The stand of the insurance company bef