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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
MR JUSTICE M. A. CHOWDHARY, J
National Insurance Company Limited – Appellant
Versus
Gulshana Begum – Respondent
JUDGMENT :
1. The Appellant-National Insurance Company Limited, through the medium of the instant appeal filed under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘the Act of 1988’), has challenged the Award dated 29th of September, 2018 passed by the Motor Accident Claims Tribunal, Shopian in Claim Petition No. 40/Claim titled ‘Gulshana Begum & Ors. v. National Insurance Co. Ltd. & Ors.’ whereby an amount of Rs. 12,65,000/-, inclusive of the interim already granted, on “No Fault Basis Liability” was awarded in favour of the Claimants/ Respondent Nos. 1 to 4 herein, along with interest @ 6 percent per annum from the date of filing of the Claim Petition till final realization of the awarded amount.
2. The facts leading to the filing of the present appeal, as emanate from the perusal of the pleadings on record, are that one Abdul Rashid Reshi, husband of Claimant/ Respondent No.1 herein and father of Claimant/ Respondent Nos. 2 to 4 herein, was travelling in a vehicle LP Truck bearing registration No. JK01A-0272 on 9th of August, 2011, being driven by its driver, Mohd. Iqbal Reshi/ Respondent No.5 herein, rashly and negligently; that, on reaching Zaznar, Heer
An insurer is not liable for compensation if the deceased was a gratuitous passenger not covered under the insurance policy, and the registered owner must be a necessary party in the claim proceeding....
The insurance company remains liable for compensation claims even after the death of the insured, as per Section 155 of the Motor Vehicles Act, 1988, provided the claim arises from an event covered u....
A driver who is found to be a tortfeasor due to contributory negligence cannot claim compensation from their own insurer under the Motor Vehicles Act.
The court upheld the insurance company's liability despite claims of policy violations, confirming that valid insurance coverage is paramount unless proven otherwise.
Insurance liability issues in motor accidents should be assessed accurately to ensure claimants receive timely compensation, irrespective of disputes between insurers.
Point of law: Compensation - When a specific Policy has been taken by respondent No. 3-owner of the vehicle, then the liability of the Insurance Company will be confined to that arising under the Wor....
The main legal point established in the judgment is that the Insurance Company cannot be held liable for compensation when a passenger is traveling in a tractor.
: Mere payment of premium for three persons for operation as well as maintenance of vehicle in question would not cover both deceased persons as authorized passengers.
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