MISHRILAL Vs. SHIV KUMAR GUPTA

JUDGEMENT

(1.) Heard the learned counsel for the parties. The present appeal has been filed against the judgment and order dated 25.4.1988 passed by the Motor Accidents Claims Tribunal, Chamoli.

(2.) Briefly stated the facts giving rise to the present appeal are that the appellant has filed a claim petition before the Motor Accidents Claims Tribunal, Chamoli for grant of compensation on account of death of Sukha in a motor accident on 31.7.1986 at 12 noon near Hanuman Chatti, District Chamoli Garhwal, involving bus No. HRX 2791. The petitioner alleged that accident had taken place due to rash and negligent driving by the bus driver.

(3.) The opposite parties contested the claim petition. The opposite party Nos.1 and 2, i.e., the driver of the bus and the owner of the bus have denied that the accident took place due to rash and negligent driving of the bus. They have contended that it was raining and the road was slippery due to which the bus skidded and fell down into the gorge. New India Assurance Co. Ltd., opposite party No. 3, has stated in its written statement that at the time of accident conductor of the bus was driving the bus who had no valid driving licence and as such the insurance company is not liable to pay compensation.