ANJANI PRASAD TIWARI Vs. GAYATARI GUPTA

JUDGEMENT

(1.) This revision under section 115 of Civil Procedure Code is directed against the order dated 19.12.2001 passed by M.A.C.T., Umariya in M.C.C. No. 63 of 1999.

(2.) Petitioner Anjani Prasad Tiwari is the registered owner of jeep No. MP 18-2567. The said jeep has been insured by the respondent New India Assurance Co. Ltd. On 24.7.1999 respondent Raju was driving the jeep and in a motor accident the claimant respondent Gayatri Gupta sustained injuries. Therefore, she filed an application under section 166 of Motor Vehicles Act claiming compensation. The application aforesaid has been resisted by the petitioner stating, inter alia, that he left his jeep in the garage for repairing and on the same day at about 4.30 p.m. respondent No. 2 Raju Prasad Dubey, who used to work as a mechanic in the garage, took the jeep for trial and carried some passengers. The Tribunal below vide impugned award dated 19.12.2001 held that the respondent New India Assurance Co. Ltd. is not liable to pay the compensation as the driver of the jeep was not holding a valid licence while driving the jeep on 24.7.1999 and that the jeep being insured for personal use, passengers ought not to have been carried. Accordingly, exonerating respondent New India Assurance Co. Ltd. directed the petitioner and respondent Raju Prasad Dubey to pay Rs. 4,000 towards compensation to the claimant-respondent Gayatri Gupta.

(3.) It is contended that the jeep aforesaid was insured with respondent New India Assurance Co. Ltd. Respondent insurance company should not have been exonerated in respect of liability to third party. The driver was having a valid licence and without permission of the petitioner was carrying passengers.