MANNULAL Vs. CHHAGAN LAL CHAUHAN

JUDGEMENT

(1.) Counsel for the appellant and Mr. Anil Goel, learned counsel for respondent No. 3, insurance company, are heard on LA. No. 2767 of 2003. This is an application for early hearing of the appeal on the ground that the appellant is an old man of 75 years and is not keeping good health. It is submitted that the only point involved in the appeal is with regard to the liability of the insurance company.

(2.) After hearing learned counsel for parties and on due consideration the application is allowed. With consent arguments heard.

(3.) This appeal is directed against the award dated 20.4.2001 passed by the 13th Motor Accidents Claims Tribunal, Indore in Claim Case No. 83 of 1999. By the impugned award the Tribunal found that the appellant sustained permanent disability on account of road accident which took place on 23.3.1999. The Claims Tribunal also found and held that the accident was caused on account of the rash and negligent driving of the autorickshaw by respondent No. 2 Madanlal. From the evidence the Tribunal also found that at the time of the accident the offending vehicle belonged to respondent No. 1 and was insured with respondent No. 3. However, learned Tribunal held that respondent No. 2 had no effective driving licence to drive a transport vehicle, therefore, exonerated the insurance company from liability to pay compensation and ordered that the amount of compensation of Rs. 1,72,903 shall be recovered only from respondent Nos. 1 and 2. Except for the last finding, all other findings have not been assailed before us.