LAWS(UTN)-2006-2-12

SUBHASH CHAND JOSHI Vs. MAHESH CHANDRA JOSHI

Decided On February 25, 2006
SUBHASH CHAND JOSHI Appellant
V/S
MAHESH CHANDRA JOSHI Respondents

JUDGEMENT

(1.) ON due consideration, application for the condonation of delay is allowed and the delay in filing the appeal is hereby condoned.

(2.) WITH the consent of the learned Counsel for the parties, the appeal is finally heard.

(3.) THE owner and the insurer of the bus contested the claim and disowned their liability to pay compensation to the claimant on the plea that the accident occurred due to technical fault in the bus. The Insurance Company took the further plea that the bus was being plied in breach of the policy conditions and the driver of the bus was not holding a valid driving licence.