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| HC dismisses appeal filed by Insurance Company | | | Early Times Report
Jammu, Oct 5:Justice Mansoor Ahmed Mir of J&K High Court Jammu Wing today in a very important matter relating to general public in accident cases, has dismissed the appeal filed by National Insurance Company Limited against the interim award passed by Motor Accident Claim Tribunal Jammu in favour of claimant on February 19, 2008, that Insurance company challenged impugned award mainly on the ground that driver of the offending vehicle was not having valid driving license at the time of accident. Thus the insurance company cannot be saddled with liabilities in terms of Mandate of Section 149 of MV Act 1988.
In the approved for reporting judgment, Justice Mansoor Ahmed Mir after hearing all sides referred to various judgments, including the judgment of the Apex Court of India and also referred various rules sections of MV Rules 1991 and observed that the purpose of the said provision is that the victims of vehicular accident must get redressal as early as possible. The rules (supra) have been made by the State in order to achieve the purpose of section 140 read with sections 158(6) and 166(4) of the Act. Rule 330 (supra) provides that what are the documents required to be annexed with the application under section 140 of the Act for its determination. Rule 310 provides how to determine the petition under section 166 of the Act and that is why the words “notwithstanding anything contained in Rule 310” are used in Rule 311 of the Rules, meaning thereby that it is not permissible for the Claims Tribunal to make an order of no fault liability under section 140 of the Act after recording evidence and determining the issue. With these observations, Court concluded its finding in favour of claimant Naseeb Chand and dismissed the appeal filed by Insurance Company. JNF
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