ORIENTAL INSURANCE CO LTD Vs. PALLA NAGESWARA RAO

JUDGEMENT

(1.) First respondent who received injuries due to collision between a bus belonging to the second respondent and a lorry belonging to the third respondent insured with the appellant filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation of Rs.3,60,000/- from respondents 2 and 3 and the appellant. The Tribunal after enquiry held that the first respondent is entitled to Rs.90,000/- as compensation from the appellant and respondents 2 and 3. Aggrieved by the said award passed against it, the appellant insurer preferred this appeal.

(2.) The only contention raised in this appeal is that inasmuch as the driver of the lorry of the third respondent was not having a valid driving licence at the time of the accident, the Tribunal was in error in making the appellant liable to pay the compensation payable to the first respondent.

(3.) Appellant examined R.W.4 to show that a person who was not authorized to drive the lorry was driving the lorry. In Para-20 of the award under appeal, the Tribunal held that the evidence of R.W.4 need not be taken into consideration because she admitted that she did not make any independent enquiry and did not appoint an investigator to find out as to how actually the accident occurred and whether the driver of the vehicle was having a valid driving licence or not.