NATIONAL INSURANCE CO. LTD Vs. VIDYA RANI

JUDGEMENT

(1.) THIS is an appeal under section 173 of the Motor Vehicles Act, 1988 ("the Act of 1988" in short) against the award dated 23-09- 2003 given by the Motor Accidents Claims Tribunal("MACT" in short) whereby the compensation found to be payable to respondent no.1 herein, was directed to be paid to her by the appellant herein being the insurer of the vehicle involved in the accident, which was a red line bus(hereinafter referred to as "the insured vehicle") owned by respondent no.3 herein and driven by respondent no.2 herein at the time of the accident and who has been found guilty of causing the death of one Pawan Narang due to rash and negligent driving of the bus. The appellant-insurer felt aggrieved by the impugned judgment because of no right having given to it by the MACT to recover the compensation from the insured i.e. respondent no.3 and hence this appeal came to be filed.

(2.) A claim petition under section 166 of the Act of 1988 for getting compensation was filed by the respondent no.1 herein, being the legal heir of deceased Pawan Narang who lost his life in a motor accident because of rash and negligent of bus by respondent no.2 herein by hitting the bus against two wheeler on which the deceased was sitting on the back seat and that scooter was being driven by his brother.

(3.) THE only argument advanced by the learned counsel for the appellant was that the learned MACT's finding that the driver of the insured vehicle did not possess a fake and forged license and so insurer company was liable to pay compensation to the respondent no.1 is not sustainable since as per the evidence adduced of the appellant's witness (RW3W2) there was no record in the office of the transport authority concerned to show that the driving license seized by the police from the driver during the investigation of the crime under Section 304-A IPC and which was in the name of respondent no.2 was issued to him by the transport authority.