ORIENTAL INSURANCE COMPANY LTD Vs. ANARKALI

JUDGEMENT

(1.) This appeal is directed against the order of the Motor Accident Claims Tribunal dated 6,8.2001 awarding a sum of Rs. 1,16,000/ - as compensation to the claimant -respondents.

(2.) THE claim petition was filed with the allegations that on 8.4.1999 the deceased was dashed by rash and negligently driving of the driver of the Maruti Van No. U.P. 98 L 491. The deceased died leaving behind him, his widow, son and daughter. The claim petition was contested by the appellant on various grounds that the driver of the van had no valid licence. It was further contended that the accident was not caused due to rash and negligent driving by the driver of the van. The Tribunal recorded findings that the accident was caused due to rash and negligent driving of the driver of Maruti Van and on consideration of the facts and circumstances of the case, found that the claimant -respondents are entitled the compensation of Rs. 1,16,000/-.

(3.) ACCORDING to the appellant the driver had no valid licence but the burden was upon it to prove. From the facts and circumstances of the case, the Court did not allow the application directing to produce the licence.