RADHESHYAM Vs. CHHOGALAL

JUDGEMENT

(1.) Owner of vehicle in question has come up in appeal challenging the award dated 6.12.1996 passed in Claim Case No. 28 of 1996 by M.A.C.T., Ratlam. The challenge in this appeal by the owner is only against one finding, namely, Tribunal erred in exonerating the insurance company. To examine this issue, few facts need mention as they lie in a narrow compass.

(2.) On 3.12.1995 one Munnibai met with an accident when the offending vehicle bearing No. MP-14-B-4667 dashed Munnibai. She died on the spot. This led to filing of claim petition by the present respondent Nos. 1 to 3 who are her legal representatives, out of which this appeal arise, claiming compensation for her death against the owner, i.e., appellant, driver of vehicle the respondent No. 4 and the insurance company with whom the offending vehicle was insured the respondent No. 5 were non-applicants.

(3.) The claim petition was contested by all the three non-applicants. So far-as the insurance company was concerned it while denying its liability alleged that driver of the vehicle did not possess the valid driving licence at the time of accident and hence, no liability can be fastened on the insurance company.