ORIENTAL INSURANCE CO. LTD Vs. VIJAYA

JUDGEMENT

(1.) NATIONAL Highway No. 6 which passes through the town of Jalgaon was the scene of an accident on 4-10-1981. On that day in the evening at 3.00 p.m. Ramdas started on his motor-bicycle No. MXO 2274 with his maternal uncle Baliram on the pillion as they wanted to proceed to Jalgaon Railway Station. Another relative, Ashok, also accompanied them on his own motor-cycle No. MWQ 2301 with Bhagwan as a double-rider and the four some were driving to the highway towards the station to give send off to Baliram who was proceeding to Bombay. After Ramdas crossed Paldhi Petrol Pump, a truck with a legend "Doodh-Ganga" written on its buffer came from the opposite side and knocked down the motor-cycle No. MXO 2274. On account of the impact, the riders were killed Baliram on the spot and Ramdas three days after his admission in the hospital.

(2.) ON these facts Motor Accident Claim Application Nos. 22 of 1982 and 23 of 1982 were filed by the legal heirs of Ramdas and Baliram respectively. The Tribunal made an award of Rs. 71,060/- against the driver and owner of the truck as well as the Oriental Fire and General Insurance Co Ltd. in Claim Application No. 22 of 1982 while an award of Rs. 70,300/- was' made against the same Opponents in Claim Application No. 23 of 1982 which gave rise in First Appeals Nos. 793 of 1984 and 794 by the Insurance Company which are being disposed of by this common judgment.

(3.) DURING the course of arguments a great reliance was placed by Shri Agarwal, the learned Counsel for the Appellants, on the admission of the driver Sukhdeo Bajirao Kalal in the box to the effect that he had no valid licence from 23-4-1981 to 18-2-1982 which covers the data of the accident Shri Agarwal also pointed out that driver Sukhdeo is unquivocal when he says that he was declared as a person disqualified for holding a licence by the R.T.O. during that period and therefore "could not have a valid licence during that period."