NEW INDIA ASSURANCE COMPANY LIMITED Vs. SAITS

JUDGEMENT

(1.) Appellant insurance company has filed this appeal under section 173 of the Motor Vehicles Act, 1988, against the award dated 24.6.1994 passed by Member, Motor Accidents Claims Tribunal, Mandleshwar, in Claim Case No. 128 of 1990, whereby it awarded a compensation of Rs. 87,000 with interest in favour of respondent No. 1 claimant ignoring the defence of the insurance company that the driver of the truck was not having a valid driving licence, therefore, the insurance company is not liable for payment of any compensation.

(2.) The brief facts of the case are that on 25.8.1990, a truck bearing registration number CIB 8194 belonging to deceased respondent No. 2 Tarachand, who was a transporter, being driven by one Mahesh s/o Ganpat Gujar, resident of Lonara village, P.S. Ooon, District Khargone, met with an accident and the claimants suffered injuries. Matter was reported to the police. Dehati Nalish, Exh. P-23-A, was written by police. The driver was arrested and arrest memo was prepared. Spot map was also prepared which is Exh. P-24-A and a panchnama, Exh. P-26-A, was prepared by which the said truck, its registration, national permit, insurance policy and fitness certificate were seized from the driver and it has been specifically mentioned in this panchnama, as a note, that "the driver was not having a driving licence, therefore, the same could not be seized". The owner of the vehicle as well as driver, both remained absent. The Tribunal granted an award in favour of claimant for a sum of Rs. 87,000. The Claims Tribunal recorded a finding that even though the driver was not having a driving licence, still the insurance company is liable for payment of compensation. Aggrieved by the said award, the appellant insurance company has filed this appeal.

(3.) I have heard learned counsel for the parties and perused the record.