ORIENTAL INSURANCE CO LTD Vs. AGURAM

JUDGEMENT

(1.) THE present appeal has been preferred by the insurer aggrieved by the award passed by the Claims Tribunal, Korba awarding a sum of Rs. 1,10,000/-along with interest from the date of application at the rate of 12% per annum in respect of death claim of one Tulsiram who died in an accident dated March 4, 1994.

(2.) THE claimants alleged that Truck No. MP 26-D 0651 owned by Om Prakash Satyapal which was being driven by Dushyant Kumar caused accident. It was insured with the appellant insurance company. The claimants filed a petition claiming compensation to the tune of Rs. 6,03,200/ -. It was alleged that the death of Tulsiram took place owing to the rash and negligent driving of the vehicle by the driver. The insurer took the plea that it was not liable to pay any compensation on the ground that the truck driver was not having a valid driving licence and he was not authorised to drive the vehicle which he was driving. Hence the liability imposed under the award is bad in law.

(3.) LEARNED counsel for the appellant has submitted that the appellant-Insurance Company has examined B. P. Bharadwaj who has clearly stated that the truck driver did not possess a valid driving licence to drive heavy goods vehicle. According to him, the truck driver was possessing a driving licence but it was not for heavy goods vehicle. Thus, according to the appellant, the liability saddled on the insurer is unwarranted.