NANDUBAI Vs. SHYAMBAI AND ORS

JUDGEMENT

(1.) Being aggrieved by the award dated 17.4.2000 passed by MACT, Mandsaur in Claim Case No. 196/1997 whereby an award of Rs. 1,07,600 has been awarded along with interest @ 12% per annum with effect from 17.4.1999, the present appeal has been filed by the owner of the vehicle, as the Insurance Company a was exonerated.

(2.) Short facts of the case are that an accident took place on 1.4.1992 wherein one Radheshyam predecessor-in-title of respondent Nos. 1 to 4 who were the claimants before the learned Tribunal died. Claim petition was filed wherein one Bhagirath was shown as owner of tractor No. 2738 and Gopal respondent No. 5 was shown as driver of the said tractor, who is respondent No. 5 herein. At the relevant time the tractor was insured with respondent No. 6. Appellant No. 1 is the legal representative of the owner of the vehicle. In the claim petition the owner came with a defence that at the relevant time the vehicle was being driven by one Radhyeshyam, who is appellant No. 2 herein. Therefore, he was also impleaded as party by the claimants respondent Nos. 1 to 4. The defence of Insurance Company respondent No. 6 was that respondent No. 5 was not having the valid driving licence, therefore, Insurance Company is not liable. On the basis of pleadings of the parties, learned Tribunal framed the issues recorded the evidence and passed an award holding that since the vehicle was being driven by Gopal (respondent No. 5). therefore, the Insurance Company respondent No. 6 is not liable for payment of compensation.

(3.) Being aggrieved by the award, appellant No. 1, who is legal representative of the deceased owner Bhagirath and the alleged driver of the vehicle, who is appellant No. 2 has filed the present appeal.