SAVITRI DEVI Vs. NARESH KUMAR

JUDGEMENT

(1.) This judgment will dispose of M.A. No. 531 of 1998 (Savitri Devi v. Naresh Kumar Harikrishna Madhwani) and M.A. No. 830 of 1998 (Oriental Insurance Co. Ltd. v. Savitri Devi) and the cross-objections filed by the insurance company in M.A. No. 531 of 1998.

(2.) These appeals are directed against the award dated 20.2.1998 of the Motor Accidents Claims Tribunal, Bilaspur in Claim Case No. 1 of 1995.

(3.) The claimants are legal representatives of Radheshyam Sahu (deceased) who was travelling in Tempo No. MIL 6144 to village Kherkhena driven by one Santram Sahu. Tempo was hit by Matador No. MOT 9039 which came from opposite direction. Deceased died due to the injuries sustained by him in the accident. Matador vehicle was driven by Mohd. Yunus, owned by Naresh Kumar Harikrishna Madhwani and Lajwanti Devi and insured with Oriental Insurance Co. Ltd. It was a commercial vehicle. Insurance company has taken the defence that Mohd. Yunus did not possess valid and effective driving licence to drive Matador.