NATIONAL INSURANCE CO LTD Vs. BABY SHIRPATI SUTAR

JUDGEMENT

(1.) The above appeal challenges the judgment and award dated 18/12/2003 passed by the learned Presiding Officer of the Motor Accident Claims Tribunal at Panaji in Claim Petition No.15/1995.

(2.) It is the case of the respondent no.1 that on 2/09/1994, at about 7.00 p.m., the son of the claimant Shri Ashok Shirpati Sutar (since deceased) was proceeding from Saligao to Calangute on his cycle on the left side of the road and when he reached the Mathardi Police Station, the respondent no.2 rode his scooter in a rash and negligent manner and on the wrong side of the road and caused the accident. It is the contention of respondent no.2 in the written statement that he was riding his scooter with due care and attention and was observing all the traffic rules and that the accident occurred due to negligent riding of the bicycle of the deceased. The respondent no.3 also disputed the claim of the respondent no.1. The appellants took the plea in their written statement that the respondent no.2 was not holding a licence to drive the motorcycle and, as such, there was a breach of the specified policy conditions excluding driving by any person who is not duly licensed.

(3.) The learned Tribunal after recording of evidence and hearing the parties came to the conclusion that the respondent no.1 had established that on 2/09/1992 their son was riding the cycle and that the respondent no.2 was driving the motorcycle in a rash and negligent manner on the wrong side of the road, which resulted in the death of the said Ashok. The Tribunal further held that the respondent no.1 was entitled for a compensation of Rs. 1 lac together with interest thereon. As far as the contention of the appellants is concerned, the Tribunal came to the conclusion that the appellants had failed to establish that at the relevant time the respondent no.2 was not duly licensed to drive the said vehicle and as such there was a breach of the conditions of the policy.