ORIENTAL INSURANCE COMPANY LTD Vs. SANIYARO BAI

JUDGEMENT

(1.) Appeal is at the instance of the Insurer of the offending vehicle involved in a road traffic accident. Grievance is mainly with regard to the course pursued by the Tribunal mulcting the liability upon the Appellant/Insurer quite casually and without any regard to the absence of valid permit for the offending vehicle.

(2.) Heard Shri Raj Awasthi, the learned counsel for the Appellant/Insurer as well as Ms. Meena Shastri, the learned counsel appearing for Respondents No.1 and 2 / Claimants. Despite the completion of service of notice on Respondents No.3 and 4, Driver and Owner respectively, through paper publication, they have not chosen to turn up.

(3.) The accident happened on 06.01.2010. The deceased was proceeding on his motorcycle along with his friend and when they reached the place of occurrence by about 15.15 pm, they were knocked down by the offending Truck bearing No. BR-31-B/5106, driven by the 3rd Respondent, owned by the 4th Respondent and insured by the Appellant. The claim was sought to be resisted by the Respondents by filing separate written statements. The Appellant/Insurer of the offending vehicle had specifically contended that there was no valid permit for the offending Truck at the time of accident and that there was no valid driving licence for the Driver as well. In the written statement filed by the Driver and Owner, they only sought to contend that there was no negligence on the part of driver of the Truck, but for the negligence on the part of deceased rider and sought to shift the liability, if any, to the shoulders of the Appellant/Insurer of the vehicle by virtue of valid policy available on the date of accident.