NATIONAL INSURANCE CO LTD Vs. DILIP

JUDGEMENT

(1.) This appeal questions legality and correctness of the judgment and order dated 7th July, 2003, rendered in Claim Petition No.381/2002, by the Motor Accident Claims Tribunal, Nagpur. In a claim petition filed under Section 166 of the Motor Vehicles Act, 1988 (in short, "MV Act") by the respondent Nos.1 and 2, the parents of the deceased child, Karuna, aged about 6 years claiming compensation for untimely loss of their daughter, the Tribunal, partly allowed the petition and granted total compensation of Rs.1,65,000/ together with interest at the rate of 9% p.a. from the date of petition till realization and held the appellant, insurer of the offending truck and respondent No.3, owner of the offending truck as liable to pay the same jointly and severally.

(2.) In this case, on 25.4.2002, deceased Karuna was knocked down by the offending truck bearing registration No.MH319258, when she was crossing the road at a village Umri Wagh, District Nagpur. The accident occurred at about 2.00 p.m. and Karuna died on the spot.

(3.) The respondent No.3, owner of the offending vehicle, did not contest the claim petition and he was proceeded against exparte. However, this was not so for the appellant which contested the petition on merits. He took the defence that the driver of the offending vehicle did not hold valid driving licence for the truck which was a heavy vehicle and the licence possessed by the driver was of light motor vehicle.