ORIENTAL INSURANCE COMPANY LTD. Vs. RAM PAL SINGH

JUDGEMENT

(1.) This appeal has been filed by the insurer against the award of Motor Accident Claims Tribunal, Budaun dated 18.10.2008 in Motor Accident Claim Petition No. 38 of 2007, arising from the death of one Smt. Laungshri Devi, who died upon injuries suffered by her in a road accident on 22.02.2007, when she was knocked down by a bus of the U.P.S.R.T.C. (hereinafter referred to as the corporation) bearing registration no. U.P. 25 Q 9531, which was insured by the present appellant.

(2.) According to the claim case, the deceased Smt. Laungshri Devi had out to attend to call of nature when the aforesaid bus, being driven in a rash and negligent manner, at a high speed hit her from behind as she was walking by the road.

(3.) The occurrence of the accident, or the finding of the Tribunal as to the negligence of the driver of the bus or quantification of compensation awarded are not disputed. The solitary dispute raised in the present appeal by the insurer is that at the time of accident the driver of the offending bus namely Om Prakash did not have a valid and effective driving licence.