KAMALA BAI Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) Being aggrieved by the award dated 17/12/03 passed by AM ACT, Mandsaur in claim case No. 94/2002 whereby the claim petition filed by the appellant was allowed and compensation of Rs. 32,800/- was awarded and respdt. No.1 was exonerated, the present appeal has been filed.

(2.) Short facts of the case are that appellant filed a claim petition alleging that appellant is a lady aged 42 years. It was alleged that on 23/4/2001 appellant was going on a motorbike along with Prahad. Appellant was pillion rider. It was alleged that motorbike which was bearing registration No. MP14 YA 3844 which was driven by respdt No.3, owned by respondent No.2 and insured with respdt. No.1 dashed the motorbike of which appellant was pillion rider with the result appellant sustained fracture of right leg. Appellant was hospitalized at city hospital Mandsaur where she remained for 3 days where she was referred to Ahmedabed. Appellant was operated and rod was inserted Learned tribunal awarded a sum of Rs.32,800/- and exonerated respdt. No.1, against which the present appeal has been filed

(3.) Learned counsel for appellant submits that in number of heads, no amount has been awarded and in other heads the amount be enhanced. So far as liability of respdt. No.1 is concerned, learned counsel for submits that since respdt. Nos.2 and 3 remained ex-parte and the plea was taken by respdt. No.1 that inspite of notice, respdt. Nos.2 and 3 have not produced the driving licence of respdt. No.2, therefore it was held that there was a breach of policy and respondent No.1 has been exonerated. It is submitted that even if inspite of notice licence was not produced, it cannot be said that respdt. No.2 was not possessing the licence and there was a breach of policy. At the most respdt No.1 could have been given right to recovery the amount of compensation from respdt. Nos. 2 and 3. it is submitted that appeal be allowed.