ORIENTAL INSURANCE CO LTD Vs. BHIMALA PAVAN KUMAR

JUDGEMENT

(1.) On behalf of the minor-first respondent, her mother filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short "the Act") seeking compensation of Rs.75,000/- alleging that the minor-first respondent suffered grievous injuries due to the rash and negligent driving of the second respondent while driving the bus belonging to the third respondent, which is insured with the appellant.

(2.) The second respondent chose to remain exparte. Third respondent filed a counter putting the first respondent to proof of the averments of the petition and contended that inasmuch as the second respondent was having a valid and subsisting driving licence at the time of the accident, the compensation is payable by the appellant. The appellant filed its counter putting the first respondent to proof of the averments in the petition and the third respondent to proof of the fact that the second respondent was having a valid and subsisting driving licence at the time of the accident.

(3.) In support of the case of the first respondent, three witnesses were examined as P.Ws.1 to 3 and Exs.A1 and A2, X1 to X3 were marked. In support of the case of the third respondent, no evidence either oral or documentary was adduced. On behalf of the appellant, two witnesses were examined as R.Ws 1 and 2 and Exs.B1 to B4 were marked.