UNITED INDIA INSURANCE CO LTD Vs. PUSHPA

JUDGEMENT

(1.) By this petition, the petitioner is seeking to invoke the powers of this Court under Article 227 of the Constitution of India, while challenging the order dated 21.11.2005 passed by the M.A.C.T. whereby its review petition against the award dated 16-10-2003 passed in MACT case No. 567/03 was dismissed.

(2.) The claim petition was filed under Sections 166 and 140 of Motor Vehicles Act by respondent Nos. 1-6 herein against the petitioner (arrayed as respondent No. 3 in the claim petition), the owner (arrayed as respondent No. 2 in the claim petition) and also against the driver allegedly driving the offending vehicle at the time of accident (arrayed as respondent No. 1 in the claim petition) claiming compensation of Rs. 10,00,000/- on account of death of Late Sh. Tajveer Singh who was husband of respondent No. 1, father of respondent Nos. 2-5 and son of respondent No. 6, caused by one maruti car bearing No. DL 1CB 0953 being driven allegedly by respondent No. 1(respondent No. 7 herein) in a rash and negligent manner.

(3.) The claim petition was resisted by the respondent No. 1(the driver of the offending vehicle) on the ground that actually he was not driving the car at the time of the accident but it was being driven by the son of the owner of the car although he (respondent No. 1 in the claim petition) was sitting in that car. The owner of the car denied that his son was driving the car. The insurance company took the plea that it was not liable to pay any compensation since the driver (Avtar Singh) was a minor on the date of accident and could not have possessed a valid driving licence.