UNITED INDIA INSURANCE CO LTD Vs. CHANDRASI

JUDGEMENT

(1.) THIS appeal under Section 173 of Motor Vehicle Act is directed against the award dated 14-9-1997 passed by Motor Accident Claims Tribunal, Chhindwara in Claim Case No. 2/94, whereby the claim petition of respondent Nos. 1 to 5 for Rs. 1,44,000/- allowed along with interest at rate of 12% per annum regarding death of Ritabi.

(2.) ACCORDING to the facts of claim petition, on 8-2-1994 predecessor of respondent Nos. 1 to 5 namely Ritabi was dead due to accident caused by tractor bearing No. MKK 9143 driven by respondent No. 6 in rash and negligental manner while respondent No. 7 was registered owner of it and the same was insured with appellant. The accident was reported to police and on registering the offence respondent No. 6 was charge-sheeted. Legal representatives of the deceased filed a claim petition for Rs. 4,10,000/- against the respondent Nos. 6, 7 and appellant in which they have submitted their written statements, according to that respondent Nos. 6 and 7 pleaded that tractor was insured with appellant and therefore, liability can not be imposed against them while respondent No. 3 pleaded that respondent No. 6 was having only learning licence and it does not fall under preview of duly licence, so because of this violation of insurance policy appellant was not liable to pay any compensation as prayed by the respondent Nos. 1 to 5.

(3.) ON framing issues, parties led their evidence and on appreciation it learned Tribunal allowed the claim by holding that even on the basis of learning licence of respondent No. 6, respondent Nos. 6 and 7 including appellant are liable to pay the amount of compensation. Hence, this appeal is preferred at the instance of Insurance Company.