NATIONAL INSURANCE CO. Vs. SAMPATBAI

JUDGEMENT

(1.) THIS order shall govern the disposal of aforesaid appeals filed on behalf of the Insurance Company and the claimant Nasrat Khan against the common award dated 19.8.2000 passed by the 1st Addl. Member, Accident Claims Tribunal, Mandsaur whereby the application filed under the provisions of Motor Vehicles Act (for short the Act) on behalf of the claimants for award of compensation is partly allowed.

(2.) THE facts of the case in brief are that--on 17.9.1996 the appellant claimants Nasrat Khan and one Kuwarlal travelling in an autorickshaw met with an accident by bus No. MP-13-T-7799 and sustained serious injuries. In the said accident Kuwarlal died as a result of the injuries caused to him. Injured appellant Nasrat Khan of M.A. 93/2001 and the LRs. of deceased Kuwarlal filed two separate petitions before the Tribunal for award of compensation under the provisions of the Act. Learned Tribunal allowed both the petitions and awarded compensation of Rs. 2,42,400/- in favour of the LRs of the deceased Kuwarlal together with interest at the rate of 12% per annum from the date of the application till the payment of the compensation amount, and award of Rs. 75,000/- together with interest as stated above in favour of the claimant appellant Nasrat Khan for the injuries sustained by him in the said accident. Appellant Insurance Company in both the claim cases took a defence that the driver of the offending bus was not having a valid licence to drive the said bus; as such, the Insurance Company is not liable to pay the compensation if any awarded by the Tribunal. Learned Tribunal on considering the evidence adduced on behalf of the parties and the defence taken on behalf of the Insurance Company, held that the Insurance Company is also liable to indemnify the compensation awarded by the Tribunal, as the alleged bus was insured with the appellant Insurance Company. Aggrieved by the said order of the Tribunal holding Insurance Company liable to pay the compensation, the Insurance Company has filed M.A. 1355/2000 and M.A. 1356/ 2000; whereas the appellant claimant. Nasrat Khan has filed M.A. 93/2001 for enhancement of the compensation award by the Tribunal in his favour.

(3.) FIRST of all we shall consider the appeals filed on behalf of the Insurance Company against impugned awards holding the Insurance Company liable to pay the compensation awarded by the Tribunal in favour of the claimants. Learned Counsel appearing for the Insurance Company submitted that on behalf of the Insurance Company a defence was taken that on the date of accident respondent T. Purnachandra Rao, the driver of the offending bus, had no valid licence to drive the said bus, as such, the bus was driven in breach of the conditions of the policy and Insurance Company is not liable to pay the compensation to any of the claimants.