NEW INDIA ASSURANCE CO LTD Vs. URMILA RANI

JUDGEMENT

(1.) The present appeal is preferred against the impugned award dated 24.03.2012, whereby the learned Tribunal has granted compensation for an amount of Rs.5,20,000/- with interest at the rate of 7.5% per annum from the date of filing of the petition till realization of the amount.

(2.) Mr.L.K.Tyagi, learned counsel appearing on behalf of the appellant/Insurance Company submits that the driver of the offending vehicle was not having valid driving licence on the date of the accident and the vehicle was being driven even without valid permit. In such an eventuality, the learned Tribunal ought to have exonerated the appellant/Insurance Company from paying the compensation instead of directing it to pay the compensation and thereafter recover the same from respondent No.3.

(3.) Learned counsel further submits that the claimant did not examine any eye witness, thus the negligence on the part of the driver of the offending vehicle has not been established. He further submits that the claim petition was filed under Section 166 of the Motor Vehicles Act, 1988, therefore, it was incumbent upon the claimant to prove the negligence on the part of the respondent No.2, i.e., driver of the offending vehicle, however, she has failed to do so. Therefore, the appellant company is not liable to pay any compensation.