SOHAN LAL PASSI Vs. P SESH REDDY

JUDGEMENT

(1.) Leave granted

(2.) An accident took place on 8th June 1980 at Panaji between a bus bearing No. DLP-5843 and scooter bearing No. GDC-9713, as a result whereof one Dr. P. Ramachandra Reddy who was driving the scooter fell down and succumbed to the injuries, the same day. A claim petition was filed before the Motor Accident Claims Tribunal by respondent Nos.1 and 2 claiming compensation. The appellant is the owner of the bus which had been insured by respondent No.3, the Oriental Fire and General Insurance Company Limited (hereinafter referred to as the 'Insurance Company').

(3.) According to the claimants, the respondent No.4, Rajinder Pal Singh who was the cleaner/conductor of the bus was driving the bus at the relevant time when the accident took place resulting into the death of Dr. P. Ramachandra Reddy, on account of his rash and negligent driving. The claim for compensation was resisted by the appellant (owner of the vehicle) contending that when the accident took place, the bus was driven by Gurbachan Singh who was employed by him as a driver and who had the licence to drive the bus in question and as such the respondent Insurance Company was liable to pay compensation. The Insurance Company, however, took the defence that as the bus was being driven by respondent No.4, Rajinder Pal Singh, cleaner/conductor of the bus who was not holding the driving licence and, therefore, the Insurance Company cannot be held liable to pay compensation because under the terms of the policy only person holding a driving licence could have driven the bus in question.