ORIENTAL INSURANCE COMPANY LTD Vs. SUNITA DEVI PANWAR

JUDGEMENT

(1.) THIS is insurer's appeal against the Award dated 12 -09 -2005, passed by Motor Accident Claims Tribunal IAddl. District Judge, Dehradun in Motor Accident Claim Case No. 155 of 2004.

(2.) THE claimants, who are unfortunate widow and minor son of deceased Meharban Singh Panwar, claimed compensation of Rs. 18,15,0001 - for his death in the accident when on 26 -05 -2004 the scooter bearing registration No. UA -07 -2030, on which he was travelling as a pillion rider, met with an accident due to the rash and negligent driving of the scooterist resulting in serious injuries to Meharban Singh Panwar, who succumbed to those injuries during the course of his treatment in the hospital on 28 -052004. The claimants pleaded that deceased Meharban Singh Panwar was getting salary of about Rs. 9,0001 - per month from his employer Ace Glass Containers (J.J. Glass Factory), Veerbhadra, Rishikesh.

(3.) THE owner and insurer of the Scooter contested the claim and denied their liability to pay compensation to the claimants. The insurer took the plea that the scooterist was not holding a valid driving license at the time of the accident. The owner of the Scooter, on the other hand, pleaded that the accident did not occur due to the negligence of the scooterist; and as the Scooter was insured with the Insurance Company, the liability to pay compensation to the claimants, if any, would be that of the Insurance Company.