MANAGER NATIONAL INSURANCE CO LTD Vs. KOYA RATNAM

JUDGEMENT

(1.) Respondent Nos. 1 to 6 filed O.P. No. 336 of 1988 on the file of the Motor Accidents Claims Tribunal-cum-District Judge, Eluru, alleging that on 12.2.1988 at about 8 a.m. mini van bearing registration No. AEW 5472 belonging to the respondent No. 8, being driven in a rash and negligent manner by the respondent No. 7 and insured with the appellant, dashed against K. Ramanjaneyulu (the deceased) resulting in his death. Respondent Nos. 1 to 4 are the widow and children and respondent Nos. 5 and 6 are the parents of the deceased, who was aged about 33 years and was contributing Rs. 24,600 per year and claimed Rs. 1,00,000 from respondent Nos. 7, 8 and the appellant.

(2.) Respondent No. 8 filed his counter contending that the van was being driven by K. Sriram Murthy, who has a valid driving licence, but not the respondent No. 7 at the time of the accident and so the compensation, if any has to be paid by the insurer, i.e., the appellant. The respondent No. 7 adopted the counter of respondent No. 8.

(3.) The appellant filed a counter contending that since the respondent No. 7, who has no valid driving licence, was driving the van at the time of the accident, it is not liable to pay any compensation.