UNITED INDIA INSURANCE COMPANY LIMITED Vs. SURINDERSINH GURASINH

JUDGEMENT

(1.) This appeal by the insurer of one of the vehicles involved in an accident which occurred on 31/05/1978 in Jamnagar in the vicinity of the Court building raises contentions relating to the appellants liability to satisfy an award in the sum of Rs. 97000.00 made in favour of the first respondent (original claimant). The insured vehicle was a motor cycle bearing No. GJP. 8123 owned by the second respondent and driven of the material time by the third respondent. The Tribunal found that the first respondent who was the pillion rider on a scooter the other vehicle involved in the accident suffered injuries in the course of the accident as a result of the rash and negligent driving of the motorcycle by the third respondent. The award in so far as it decided the issue of negligence against the driver of the motorcycle has become final and it has also become final qua the quantum of damages awarded. The short question which requires determination as indicated earlier is the appellants liability to satisfy the award. It may be indicated at this stage that the appellant disputes its liability to satisfy the award on the ground that the third respondent who was driving the motorcycle in question at the material time was not holding a licence to drive the vehicle and that therefore there was neither contractual nor statutory liability to satisfy the award.

(2.) Three contentions were urged at the hearing of the appeal. They are as follows :

(3.) We are constrained to observe that all the three contentions advanced on behalf of the appellant are frivolous and that it ill behoves a nationalised Insurance Company to found its claim in appeal on such pleas in the context of the legislation in question.