ORIENT INSURANCE COMPANY LIMITED Vs. TAMESHWAR THAKUR

JUDGEMENT

(1.) This is insurer's appeal against the award dated 25th November, 2009 passed in Claim Case No. 117/2008 by the Additional Motor Accidents Claims Tribunal. Dantewada. As against the compensation of Rs. 4,00,000/- claimed by respondent No. 1/claimant by filing application under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act') for the injuries sustained by him in the motor accident on 10-9-2008, the learned Tribunal has awarded a total sum of Rs. 2,52,075/- as compensation along with interest at 7.5% per annum from the date of application till its actual payment.

(2.) The learned Tribunal, on a close scrutiny of the evidence led, held : the accident had occurred due to rash and negligent driving by respondent No. 2, i.e., driver-cum-owner of the offending vehicle, i.e., Commander Jeep bearing registration No. C.G. 18 T-0153; held appellant/Insurance Company liable for payment of compensation as according to the Tribunal, the appellant could not establish breach of policy conditions; assessed and awarded the aforesaid amount of compensation to respondent No. 1/claimant along with interest @ 7.5% per annum from [he date of application till its actual payment.

(3.) Shri H.P. Agrawal, learned Counsel appearing for the appellant would submit : the offending vehicle is passenger carrying commercial vehicle, the driver-cum-owner, i.e., respondent No. 2 was not having valid and effective driving licence to drive the above vehicle inasmuch as the endorsement to drive transport vehicle was not there and the learned Tribunal has fallen in error in holding the appellant/ Insurance Company liable for payment of compensation.