UNITED INDIA INSURANCE CO. LTD Vs. DHAPUBAI

JUDGEMENT

(1.) THIS appeal is directed by the non -applicant Insurance Company against the award dated 13.2.1997 passed by the Additional Motor Accident Claims Tribunal, Ratlam, in Claim Case No. 124/1995.

(2.) THE claimants'/respondents' case was that on 27.5.1995 the deceased Laxman, husband of the non -applicant No. 1 and father of non -applicant No. 2 was going on his motor -cycle M.P. 24 -D 2616 along with Gordharm. Near village Sejavda, respondent No. 4 came from opposite direction driving Jeep No. G. 8403, owned by the respondent Nos. 3 and 4 and insured with the appellant, in rash and negligent manner, and dashed against the motor cycle as a result of which Laxman died on the spot. The deceased was farmer. The claimants filed claim case seeking compensation of Rs. 4,00,000/ -. The respondents resisted the claim. It was averred that the owner and Insurance Company of the motor -cycle were necessary parties. The appellant/non -applicant inter alia averred that the respondent No. 5 was not having valid and effective driving licence on the date of accident, therefore, the Insurance Company was not liable to pay compensation. The Tribunal on appreciation of held that the accident occurred due to rash and negligent driving of the jeep by the respondent No. 4 and awarded compensation of Rs. 1,95,000/ - with interest at the rate of 12% from the date of filing of the claim application against the respondents. The non -applicant Insurance Company felt aggrieved by this award and preferred this appeal.

(3.) WE considered the arguments advanced by learned Counsel for the parties and perused the record.