NATIONAL INSURANCE CO. LTD Vs. ARJUN

JUDGEMENT

(1.) THIS order shall also dispose of Misc. Appeal No. 103 of 1984, preferred by Bhagirath and Mahendra against the same award.

(2.) THIS appeal is directed against the award dated 13-12-1983, passed by the Member, Motor Accident Claims Tribunal, West Nimar, Mandleshwar, in Claim Case No. 54 of 1982.

(3.) SO far as the appellant Insurance Company is concerned, the liability to pay the compensation was denied on the following grounds : (i) that the driver of the Metador-van in question had no valid driving licence : (ii) that the injured petitioner-respondent No. 1 was travelling in the said van as a passenger in violation of the rules farmed under the Motor Vehicles Act, against the terms and conditions of the Insurance policy and (iii) that the owner did not inform the insurance company about the accident and as such, the Company was not liable.