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CONC no.1220/2015

RP no.54/2022

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

…

CONC no.1220/2015

RP no.54/2022

Reserved on: 18.05.2022

Pronounced on: 17.08.2022

National Insurance Company Limited

…….Petitioner(s)

Through: Mr Aatir Kawoosa, Advocate

Versus

Mushtaq Ahmad Kutary & others

……Respondent(s)

Through: Mr M.A. Thakur, Advocate for

respondent no.3/review petitioner

CORAM:

HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE

JUDGEMENT

CONC no.1220/2015

1. Delay of 88 days in filing Petition seeking review of judgement/ order

dated 10^th March 2015 passed in CIMA no.77/2014 titled National

Insurance Company Limited v. Mushtaq Ahmad Kutay and others, is

sought to be condoned.

2. Instant application has been filed on 8^th July 2015. The delay is not such

as if it could be said or termed to be inordinate one. As rightly pointed

out by learned counsel for respondent no.3/review petitioner that the

Appeal (CIMA no.77/2014) was listed before a Bench of this Court on

10^th March 2015 and was decided on the same day, although dismissed,

yet right of recovery was given against owner on the ground of

engaging a driver with licence not carrying “PSV” endorsement.

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CONC no.1220/2015

RP no.54/2022

According to learned counsel, respondent no.3/review petitioner came

to know about passing of judgement/order dated 10^th March 2015 only

when recovery petition was filed before the Tribunal and he was

summoned to appear before it and, accordingly, he applied for certified

copy of judgement dated 10^th March 2015 and subsequently approached

this Court.

3. In view of above, there is sufficient cause shown by applicant for

consideration and, resultantly, the application is allowed and delay of

88 days in filing Review Petition is condoned.

4. Disposed of.

Review Petition No.54/2022

5. I have heard learned counsel for parties and considered the matter.

6. Review of judgement/order dated 10^th March 2015 passed by a Bench

of this Court in an Appeal, bearing CIMA no.77/2014 titled as National

Insurance Company Limited v. Mushtaq Ahmad Kutay and others, is

sought for in the instant petition.

7. As is gatherable from perusal of the file, a claim petition was filed by

respondent no.1/claimant before the Tribunal on 27^th February 2007,

averring therein that on 1^st January 2004, he was traveling in offending

vehicle bearing Registration no.JK01B-3221, which was going from

Khanabal towards Srinagar, in connection with election rally and on

reaching Chechekoot, Awantipora National Highway, offending

vehicle turned turtle, resultantly passengers traveling in the vehicle got

serious injured and that petitioner also received multipole injuries on

various parts of his body particularly on head and had been rendered

disabled. Respondent no.1/claimant sought compensation in the

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CONC no.1220/2015

RP no.54/2022

amount of Rs.40.00 Lakhs before the Motor Accident Claims Tribunal,

Anantnag (for short “Tribunal”)

8. Insurance Company resisted the claim petition before the Tribunal.

Their stand was that driver of offending vehicle was not holding valid

and effective driving licence and without PSV endorsement thereon.

9. The Tribunal, in view of pleadings of parties, framed following Issues

for determination, which are:

1)

Whether on 1^st of January 2004, the petitioner while travelling in

motor vehicle No.3221-JK01B driven by respondent NO.1, while

reaching at the Checkekoot at NHW, was injured when the vehicle

turned turtle due to the rash and negligent driving of respondent

No.1? OPP

2)

Whether the petitioner is entitled to compensation for the injuries

suffered, to what extent and from whom? OPP

3)

Whether the driver was not holding an effective D/L with PSV

endorsement and the vehicle did not have valid R/P and R/C, hence

the respondent-insurance company is not liable to indemnify the

respondent No.2-owner? OPR3

4)