NATIONAL INSURANCE COMPANY LTD Vs. NIRMALA @ NIRMAL

JUDGEMENT

(1.) THIS appeal is against the judgment dated 19.08.2006 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby the Appellant National Insurance Company was made liable to pay the compensation of Rs.2,75,000/ - to Respondents no.1 and 2 (the Claimants) for the death of a minor child of ten years, who succumbed to the fatal injuries caused in a motor vehicular accident which occurred on 22.09.2002.

(2.) THE only ground raised by the learned counsel for the Appellant is that although the accident was caused by the insured vehicle, a tractor bearing registration no.RJ -21 -R -9067, yet its driver and owner Chiranji Lal did not possess a valid and effective licence to drive a tractor. Therefore, even if the Appellant Insurance Company was not exonerated at least recovery rights ought to have been granted to it against Respondent no.3.

(3.) LEARNED counsel for the Appellant had taken me through the evidence of R3W1 Harish Chander, Administrative Officer of the Insurance Company who testified that the drive of the offending vehicle involved in the accident, i.e. the tractor possessed a valid licence to drive a motorcycle and HTV. However, the licence was not issued for a tractor. Hence, the driver did not possess a licence to drive a tractor.