ORIENTAL INSURANCE CO LTD Vs. BANAVATHU GOPI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal filed by the Insurance Company is directed against the order dt. 25-2-2002 passed in MVOP No. 729/1996 on the file of Motor Accidents Claims Tribunal-cum-III Additional District Judge, Vijayawada. Originally, the sole claimant filed claim petition under Section 166 of the Motor Vehicles Act, claiming compensation to an extent of Rs. 1,00,000/- for the injuries sustained by him in a road accident which took place on 29-9-1996. According to the claimant, on that day at about 6 PM when he was sitting on the left side of the road selling fruits, a lorry driven by the first respondent-driver in OP in a rash and negligent manner without blowing horn dashed against the claimant-injured. Due to which, he fell down and received multiple injuries. Immediately he was shifted to U.G. Hospital. In respect of the said accident, a case in Cr. No. 239/1996 was registered by the police of Ibrahimpatnam Police Station. According to him, respondents 1 to 3 in OP who are driver, owner and insurer are jointly and severally liable to pay compensation.

(2.) The OP against R-1 was dismissed and R-2 remained ex parte.

(3.) The third respondent i.e., the insurance company filed their counter denying the allegations made in the claim petition. According to them, the driver of the vehicle was not having a valid driving licence on the date of accident and no information with regard to the said accident was passed on to the insurance company. According to them, the claimant is put to strict proof that there is valid insurance policy and that there was no breach of terms and conditions of the policy.