NEW INDIA ASSURANCE COMPANY LTD Vs. LALITA YADAV

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred against the judgment and award dated 02.08.2003 passed by the Motor Accidents Claims Tribunal, Delhi in Suit No.529/97.

(2.) THE facts relevant for the decision of the appeal are that the legal heirs of the deceased Shri Kant Yadav, who died in a motor accident, filed a Claim Petition under Section 166 of the Motor Vehicles Act, 1988 against the driver, the owner and the insurer of the offending vehicle, being TSR No.DAR-302, stating therein that on 02.06.1997 when the deceased along with his son was going on a bicycle, the said vehicle No.DAR-302, being driven rashly and negligently by its driver (the respondent No.5 herein) dashed against the said cycle causing fatal injuries to the deceased. THE learned Tribunal by its judgment dated 02.08.2003 passed an award in the sum of ` 4,89,600/- (including the interim award) with interest at the rate of 9% per annum from the date of filing of the petition till realisation in favour of the respondents No.1 to 4 and against the respondent No.5-driver, the respondent No.6-owner and the appellant-Insurance Company, and directed the appellant as the insurer of the offending vehicle to pay the entire amount of compensation to the respondents No.1 to 4. THE learned Tribunal, however, did not accept the plea of the appellant-Insurance Company that the driver was not holding a valid and effective driving licence and held that the appellant-Insurance Company was not entitled to recover the award amount from the insured.

(3.) NONE appeared on behalf of the respondents No.5 and 6, though respondents No.5 and 6 were duly served by publication. Accordingly, the learned counsel for the appellant-Insurance Company was heard and the records scrutinized.