NEW INDIA ASSURANCE CO LIMITED Vs. VANAPALLI SURIBABU

JUDGEMENT

(1.) The New India Assurance Company Limited, Divisional Office, Visakhapatnam is the appellant herein, which was directed against the judgment and decree dated 17-5-1993 in OP No.350 of 1990 on the file of the Chairman (III Addl. Dist. Judge), Motor Accident Claims Tribunal, Visakhapatnam, wherein the Tribunal has awarded an amount of Rs.1,03,960.00 for the untimely death of the wife of the first claimant, who was aged about 39 years at the time of occurrance of the accident and she was a cootie by profession earning Rs.600.00 per month. The grounds urged in this appeal are that the Tribunal below should have held that the vehicle involved in the accident was being driven by the first respondent Kakara Apparao, who was not having driving licence, and caused the accident in which the wife of the first claimant died and therefore, the second respondent-owner of the vehicle has violated the terms and conditions of the insurance policy covering the said crime vehicle and as such the company-appellant is not liable to pay the compensation. It is further contended that the Court should have held that the first respondent in the petition, Kakara Apparao, was working as cleaner on the vehicle, was not having driving licence at the time of occurrance of the accident and the second respondent entrusted the vehicle to the cleaner who was not having driving licence and as such violated the terms and conditions of the insurance policy and therefore, the appellant-company is not liable to pay the compensation. Therefore, he sought for the interference of this Court to set aside the award passed by the Tribunal in the above said OP.

(2.) To appreciate the contentions raised by the learned Counsel for the appellant, it" is necessary to state few facts of the case, which are as follows:

(3.) The above claim was resisted by the Insurance Company by filing counter and denying the age, income and avocation of the deceased and stated that the deceased was responsible for the cause of accident. They further denied the relationship between the deceased and the claimants. An additional counter affidavit was filed alleging that the first respondent was only a cleaner on the lorry bearing No.ABV-2448 and he was not having valid driving licence at the time of accident and as such the terms and conditions of the policy and provisions of the Motor Vehicles Act have been violated and therefore, the insurance company is not liable to pay the compensation.