NEW INDIA ASSURANCE CO. LTD Vs. KUSUMA DEVI

JUDGEMENT

(1.) THIS appeal is directed against the Award dated 7.12.1993 passed by Motor Accident Claims Tribunal, Allahabad in Claim Petition No. 231 of 1990. The deceased Mahranidin was traveling in a Mini Bus, Mahendra bearing registration No. U.R.S. 2702. The said Mini Bus overturned. Resultantly, Mahranidin one of the passenger and the driver ultimately expired in the said accident. The deceased Mahranidin was aged about 80 years. A claim petition was filed against the Insurance Company as well as against the owner of the vehicle and the Tribunal by order under appeal allowed the same and awarded a sum of Rs. 60,890 as compensation against the Insurance Company with 12% interest. Learned Counsel for the appellant in support of appeal has submitted that the findings of the Tribunal that Mini Bus was being driven rashly and negligently, is vitiated. He further submitted that the owner could not produce driving licence of the driver of the Mini Bus. Therefore, there was breach of conditions of the Insurance Policy and the Tribunal committed illegality in awarding compensation against the Insurance Company.

(2.) I have given careful consideration to the respective submission of learned Counsel for the parties. It is not in dispute that the vehicle in question was insured with the appellant's Insurance Company. It has come in evidence on record that the accident took place as the Mini Bus in question was overturned. In normal circumstances the motor vehicle is not supposed to overturn unless and until it is being driven rashly and negligently. The doctrine res ipsa loquitur shall apply in the present case. Therefore, the findings of the Tribunal, in the facts and circumstances of the case that the bus was being driven rashly and negligently is perfectly justified.

(3.) LEARNED Counsel for the appellant placed reliance upon the judgment in the case of Oriental Insurance Co. v. Sunit Rathi I (1998) ACC 193 (SC) : AIR 1998 SC 257, wherein it has been held that the liability of insurer arises only when the liability is held. There is no dispute on the above proposition of law. The bus in question overturned while the deceased was travelling therein as a passenger. The liability of insured person is well evident and established from the facts of the case.