BADAVATH JANNA BAI Vs. AFSARI BEGUM

JUDGEMENT

(1.) THIS appeal is directed against the order and decree dated 22.07.2002 passed in O.P.No.536 of 1999 by the Motor Accidents Claims Tribunal-cum-District Judge, Adilabad. The appellant hereinafter will be referred to as claimant for the sake of convenience. She filed this appeal seeking enhancement of compensation.

(2.) THE brief facts of the case are as follows. On 24.3.1999 at about 4-00 p.m, the claimant and others were travelling in the auto bearing No.1 U 1857 from Kavval to Jannaram Village and when the said auto fell in a pit due to the rash and negligent driving of its driver, she sustained multiple injuries including fracture to her back bone. The claimant filed the above OP claiming total compensation of Rs.50,000/- The first respondent-owner of the auto remained ex parte. The second respondent-insurance company, with which the auto was insured, denied the material averments made by the claimant and denied its liability on the ground that the driver of the auto had no valid driving licence at the time of the accident.

(3.) THE Tribunal while accepting the recitals of Ex.B1, came to the conclusion that the driver was not having any valid licence and therefore, held that the insurance company is not liable to pay any compensation to the claimant. Learned counsel for the appellant submitted that the burden lies on the insurance company, but it has neither examined any witnesses nor summoned the driver of the auto/ any RTA official from RTA Department. He also submitted that basing on the recitals of charge sheet, no finding can be given. Reliance has been placed on the judgment in National Insurance Co., Ltd., Kurnool v. Chakali Rangaiah and another (2007 (5) ALD 358).