RAVI KUMAR Vs. RAM PARKASH

JUDGEMENT

(1.) The principal question that arises for decision in this petition is if the insurance company is liable to pay compensation in the cases mentioned under S. 92-A of the Motor Vehicles Act, 1939 (for short 'the Act') on the principle of no fault. A motor vehicle accident on 16-2-1986 resulted in the death of Smt. Karma Wali. The vehicle involved in the accident was a two-wheeler scooter bearing registration No. DEO 5103. It was insured against third party risk with the National Insurance Company Limited, who is respondent No. 8 before me.

(2.) The legal heirs of deceased Karma Wali numbering six, being. her husband and children, filed an application under Ss. 92A and 110A of the Act before the Motor Accident Claims Tribunal, Delhi. There we're four respondents. First respondent was Ravi Kumar Dhooper, who was driving the vehicle at the time of the accident, the second respondent was Smt. Santosh Kumari, owner of the vehicle, the third respondent was the insurance company in question, and the fourth respondent was again an heir of the deceased Karma Wali.

(3.) By the impugned order, the learned Tribunal awarded a sum of .Rs. 15,000 as compensation under S. 92A of the Act and directed the same to be payable by the driver and owner of the vehicle. Both the driver and the owner have filed this petition challenging the order mainly on the ground that insurance company should have been made liable to pay the amount of the award. The learned Tribunal held that the driver was a minor at the time of the accident and could not hold a valid licence to drive the vehicle. There appears to be a dispute on this proposition. The learned Tribunal was, however, of the view that since a minor was not competent to hold a licence, the insurance company was not liable to pay interim compensation as in any case there was breach of the terms of the insurance policy which was a contract between a owner and the insurance company. In coming to this conclusion, the learned Tribunal relied on a decision of the Allahabad High Court in Baldeo Raj alias Kaka v. Deowati and Others