ORIENTAL INSURANCE CO LTD Vs. MAKNI

JUDGEMENT

(1.) THIS appeal is directed against the award dated 22. 1. 1986 of M. A. C. T. , Jhabua, passed in Claim Case No. 34 of 1984, whereby the respondent Nos. 1 and 2 have been awarded a compensation of Rs. 36,000/- in all for death of Lalia who died in a motor accident on 3. 6. 1984.

(2.) THE brief history of the case is that deceased Lalia was working as motor cleaner in truck No. MPN 3581, which was owned by respondent No. 4 and driven by respondent No. 3. The truck was driven in a rash and negligent way, it dashed against a hillock on the roadside and turned turtle. Lalia sustained injury and died in consequence thereof. As such a claim petition for compensation of Rs. 2,50,000/- was filed. It was contested by the respondents including insurance company (appellant here ). The learned Tribunal has awarded compensation as above, holding it to be that the accident occurred due to rash and negligent driving of the vehicle by respondent No. 3. The contention of the insurance company (appellant here) that the driver was not having valid licence, was rejected. Hence, this appeal by the insurance company. Learned counsel for the appellant further contended that the insurance company was not given proper opportunity of adducing evidence to show that the driver was not having valid licence.

(3.) AS against it, the learned counsel for the respondent Nos. 1 and 2 has submitted that the insurance company did not try to adduce the evidence and they declared as such during the trial. It has further been submitted that the owner of the bus has submitted on oath that the driver was having licence. Driver was proceeded ex parte, he did not appear in the court.