NATIONAL INSURANCE CO. LTD. Vs. SALOUNI SUBHASHCHANDRA

JUDGEMENT

(1.) This appeal is directed against the award passed by the Presiding Officer of Motor Accident Claims Tribunal at Margao whereby the Tribunal awarded compensation of Rs.41,50,000/- with interest towards loss suffered by the claimants on account of death of Dr. Subhashchandra Nagzarkar in an accident which occurred on 26/12/1997 on National Highway No.17 at about 9.30 a.m.

(2.) Respondents no.1 to 5 / claimants claim that Dr. Subhashchandra was travelling in his own Car when his car was dashed by the truck bearing no.KA-20/1253 driven by respondent no.1 and owned by respondent no.2 and insured by respondent no.3 as shown in the claim petition. The victim died on the spot. The victim was stated to be having monthly income of Rs.55,500/-. The claimants made claim of Rs.1 Crore and 50 thousand.

(3.) The driver and owner of the vehicle i.e. respondents no.1 and 2 did not contest the claim petition. Respondent no.3, the insurer of the vehicle contested the claim by filing written statement contending that respondent no.1 did not hold a valid driving licence at the time of accident. Thus, there was violation of statutory provisions of the Motor Vehicles Act as also the policy and, therefore, respondent no.3 was not liable to indemnify the owner of the vehicle. The insurer also denied the allegation about earning of the victim and denied that a sum of Rs.1 Crore and 50 thousand could be claimed by the claimants.