UNITED INDIA INSURANCE CO LTD Vs. VIPUL PATHAK

JUDGEMENT

(1.) THESE three Appeals (MAC. APP. No.130/2012, 131/2012 and 133/2012) arise out of a common judgment dated 19.10.2011 passed by the Motor Accident Claims Tribunal(the Claims Tribunal).

(2.) MAC. APP. No.130/2012 arise out of Suit No.446/2008 whereby a compensation of Rs.64,396/- along with interest @ 7.5% per annum from the date of filing of the Petition was awarded in favour of the Respondent Master Vipul for having suffered injuries in a motor vehicle accident which occurred on 15.09.2004.

(3.) THE main ground of challenge in all the three Appeals is that the Respondent Mukesh, driver of the offending truck No.HR-38C- 8856 did not possess a valid driving licence at the time of the accident. The Claim Petitions were being looked after by Ms.Jaya Tomar, Advocate appointed by the Appellant Insurance Company. The Claim Petitions were transferred to Saket District Court whereupon the brief was assigned to Mr. Ashwani Kumar, Advocate. It is averred that said Ashwani Kumar, Advocate did not attend to after the case properly and unauthorisedly allowed one Mr. Jitender Kumar, Advocate to look after the case. The counsel Mr. Ashwani Kumar did not take steps to lead evidence that the driver did not possess any licence resulting into the breach of the terms of the policy.