ORIENTAL INSURANCE CO LTD Vs. ADLGOPPALA SAMBRAJYAM

JUDGEMENT

(1.) Both the appeals were preferred by the Oriental Insurance Company Ltd., Guntur against the orders of the Motor Accident Claims Tribunal-cum-I Additional District Judge, Guntur ('the tribunal' for brevity) in O.P.Nos. 245 and 246 of 1992 respectively which arose out of the same accident.

(2.) The claimants in O.P.No. 245 of 1992 are the parents of the deceased Nagalakshmi aged about 17 years and the claimants in O.P.No. 246 of 1992 are also the parents of the deceased Pujala Kiranmai aged about 16 years. Both the deceased were students. While both of them were proceeding on the road on the way to their college on 24-2-1992 the tractor-of the third respondent came from tractor and hit them resulting in their death. The claimants in both the petitions therefore claimed Rs. 97,000/- towards compensation for the death of each deceased. The tribunal through a common judgment awarded Rs. 37,000/- to the claimants in each petition making the appellant-insurance company jointly and severally liable to pay Rs. 25,000/- towards no fault liability compensation and the amount of Rs. 12,000/- each is liable to be paid by the owner of the vehicle.

(3.) The insurance company being aggrieved by the common order of the tribunal in both the O.Ps. preferred these appeals contending that the owner of the vehicle violated the conditions of the insurance policy, therefore, the question of the insurance company liable to pay the compensation does not arise. The learned counsel for the appellant contended that at the time of accident the son of the owner was driving the tractor without any driving licence and as the owner of the vehicle allowed his son to drive the vehicle knowing fully well the he had no driving licence, the insurance company cannot be made liable to indemnify the loss of the owner.