NEW INDIA ASSURANCE CO. LTD Vs. DEVKARAN

JUDGEMENT

(1.) THE non -Applicants Nos. 1 and 2 had filed an application under Section 110 -A of the Motor Vehicles Act to claim compensation amounting to Rs. 25,000/ - on account of the death of Nathuram by an accident on 12.5.72 by truck No. MPL -81, which was owned by non -Applicant No. 3 and driven by non -Applicant No. 4. As the truck was insured with the Applicant New India Assurance Co. Ltd., it was also made non -Applicant No. 3 in the claims case. The Claims Tribunal found that the accident was caused on account of the rash and negligent driving of the vehicle by non -Applicant and that on account of that accident Nathuram died. The Claims Tribunal also held that non -Applicants Nos. 1 and 2, the legal representatives of deceased Nathuram were entitled to claim Rs. 1,200/ - by way of compensation.

(2.) THE defence of the Applicant was that the non -Applicant No. 4 had no valid licence to drive the vehicle and hence under the insurance policy it was not liable to pay any amount to the claimants. The Claims Tribunal held that non -Applicant No. 4 had a valid licence. Therefore, an amount of Rs. 1,200/ - byway of compensation was awarded to the non -Applicants Nos. 1 and 2 as payable by the Applicant and non -Applicants Nos. 3 and 4 jointly and severally with the direction that the Applicant shall indemnify the insured non -Applicant No. 3, Girdharilal. Against the said award the Applicant has come to this Court in revision.

(3.) FROM the aforesaid discussion it is clear that non -Applicant No. 4 was driving the motor vehicle without any valid licence and hence the Applicant under the Insurance Policy was not liable to indemnify the insured for the compensation which he will be required to pay under the award to non -Applicants Nos. 1 and 2. For that reason the Claims Tribunal could not have awarded any compensation to non -Applicants 1 and 2 as payable by the Applicant. As the finding of the Claims Tribunal with respect to the liability of the Applicant to pay compensation is based on no evidence, it must be set aside in revision.