PAPPU SINGH Vs. RAVINDRA NATH DUBEY

JUDGEMENT

(1.) This appeal is against the judgment and order of Motor Accidents Claims Tribunal, Fatehpur, dated 16.8.1991, passed in M.A.C.P. No. 19 of 1989.

(2.) The respondent No.1 filed a claim petition against the present appellants and the insurance company, namely, Oriental Insurance Co. Ltd. claiming an amount of Rs. 2,00,000 as compensation in an accident caused by tractor No. UPW 4804 on 28.8.1988 at about 8 p.m. near Mission Hospital, Fatehpur. The Claims Tribunal by its impugned order has awarded a sum of Rs. 45,000 as compensation along with the interest at the rate of 12 per cent per annum from the date of the petition till the date of payment. The said award has been passed against the present appellants only. It was dismissed against the insurance company, the opposite party No.3 in the claim petition. The present appeal is at the instance of the owner of the vehicle and its alleged driver, driving the vehicle on the fateful day when the accident took place.

(3.) The challenge in the appeal is a limited one. The case of the appellant is that the vehicle being insured with the insurance company, the respondent No. 2 in the appeal, the Claims Tribunal committed illegality in not passing the award against the insurance company. The Claims Tribunal exonerated the insurance company on the short ground that on 28.8.1988 at the time of the accident the vehicle was being driven by Pappu Singh, appellant No.1, who happens to be the son of appellant No. 2, had no driving licence to drive the tractor. Therefore, in the present appeal the controversy involved is as to whether Pappu Singh was driving the vehicle on the date of the accident and whether the finding of the Tribunal exonerating the insurance company, is legally justified.