V.V. SOMANI Vs. I. ANNAPURNA AND ORS.

JUDGEMENT

(1.) THE appeal is filed against the award dated 19.8.1998 in M.O.P. No. 103 of 1994 passed by the Motor Vehicle Accidents Claims Tribunal -cum -District Judge, Visakhapatnam.

(2.) THE appellant is owner of a scooter and was arrayed as third respondent in the O.P. The Tribunal passed award in favour of first respondent herein directing the appellant to pay an amount of Rs. 39,200/ -with interest at 12% per annum towards compensation to the first respondent for causing injuries in motor vehicle accident. The first respondent filed the O.P. alleging that she was working as Telegraphist and getting salary of Rs. 2,600/ - per month. On the fateful day when she was going to home from office on her two -wheeler Luna, third respondent herein came on scooter bearing No. AIV 4861 in a rash and negligent manner and dashed against her Luna as a result of which she sustained bone fracture on her right leg and crush injury to her right feet besides multiple injuries to her left feet. She was hospitalised for eight months and she incurred expenditure for treatment. She filed the O.P. claiming compensation of Rs. 1,00,000/ -. The appellant and the third respondent contested the claim. The Insurance Company, second respondent herein, also opposed the claim. The Insurance Company mainly opposed the O.P. on the ground that the third respondent who was driving the scooter at relevant time was not having valid driving licence and that the Insurance Company has to be exonerated from liability under the policy. The appellant and the third respondent denied involvement of scooter bearing No. AIV 4861 and also denied allegation that third respondent was not having valid licence. The Tribunal framed the following issues.

(3.) IN this appeal, it is contended that the scooter of the appellant was not involved in the accident and that the Insurance Company cannot escape from the liability merely on the ground that the third respondent was not having valid driving licence and that he was having only learner's licence.