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SANJAY DHAR
National Insurance Co. Ltd. – Appellant
Versus
Sameer Hussain Rather – Respondent
JUDGEMENT
1. The appellant Insurance Company has challenged award dated 12.03.2019 passed by the Motor Accidents Claims Tribunal, Srinagar (hereinafter referred to as "the Tribunal"), whereby compensation in the amount of Rs. 20,54,251/- along with interest @ 6.5% per annum has been awarded in favour of respondents No. 1 to 3 (hereinafter referred to as "the claimants") and the appellant has been burdened with the liability to satisfy the said award.
2. The claim petition has arisen out of a road traffic accident that took place on 07.09.2012, as a result of which one Ghulam Hassan Rather, who happened to be the father of respondents No. 1 and 2 and husband of respondent No. 3, suffered fatal injuries. In the claim petition, it was alleged that the deceased was travelling in a vehicle bearing No. JK01F-4924 that was being driven rashly and negligently by its driver, respondent No. 4 herein, as a result of which the vehicle met with an accident upon reaching Wushoo on Wagam-Chadoora Road. It was submitted by the claimants that the deceased was aged 52 years and he was working as a Beldar in Radio Kashmir, Srinagar, drawing a monthly salary of Rs. 30,000/-. The claimants sought compens
Insurance companies must prove policy breaches to avoid liability; interest on future prospects in compensation claims is impermissible.
The court affirmed the validity of the driver's license and ruled that the Insurance Company failed to prove negligence, thus holding it liable for compensation.
Insurance company is not liable for compensation when driver lacks valid endorsement for hazardous goods transport, reversing Claims Tribunal's decision.
A learner's license does not preclude insurance liability if the driver is accompanied by a licensed instructor, and the insurer must prove policy violations to avoid liability.
The court ruled that the Insurance Company is liable to pay compensation first, despite the driver's invalid license, and established guidelines for calculating future prospects and multipliers in co....
The court upheld the Tribunal's finding of negligence against the truck driver and affirmed the compensation amount, emphasizing the necessity of just compensation for dependents.
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