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2007 Supreme(P&H) 1441

PERMOD KOHLI
National Insurance Company Ltd. – Appellant
Versus
Asha Rani – Respondent


Advocates Appeared:
For the Appellant :Mr. D.P. Gupta, Advocate.
For the Respondent Nos. 1 to 3:Mr. Sandeep Moudgil, Advocate.
For the Respondent Nos. 4 to 6:Mr. Y.K. Malik, Advocate.

JUDGMENT

Permod Kohli, J. (Oral) - This order will dispose of FAOs No. 3265, 3266 and 3267 of 2005 as the said FAOs arise out of the common award dated 12.4.2005 passed by the Motor Accident Claims Tribunal, (Fast Track Court), Karnal.

2. Learned counsel appearing for the appellant/Insurance Company has fairly stated that out of the two points raised in the memo of these three appeals, one point relating to the jurisdiction and competence of the Fast Track Court to adjudicate upon the claim petition is squarely covered by a Division Bench judgment of this Court in the case of The Oriental Insurance Company Ltd. v. Harvinder Kaur and others, 2007(1) PLR 199. Insofar as the other point which has been urged in the present appeals by the appellant-Insurance Company regarding its liability is concerned, learned counsel for the appellant(s) has submitted that the Insurance Company disputed the validity of the licence of the driver of the offending vehicle. Accordingly, an issue being issue No. 4 in FAO No. 3266 of 2005 has been framed by the Tribunal which reads as under :-

"5. Whether the vehicle in question was being driven in violation of terms and conditions of insurance policy, as al





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