SAMBHUDAYAL Vs. NEW INDIA INSURANCE COMPANY LTD

JUDGEMENT

(1.) SHORT facts involved herein are that the offending tanker driven by respondent No. 2 and owned by the present appellant was being taken reverse at 8. 00 a. m. on 9-3-1998 when the deceased Sona aged about 1 years was hit by it. She died on the spot. Tanker was insured with respondent No. 1/company. A claim petition was submitted which vide impugned award dated 8-3-1999 passed in Claim Case No. 57/98 by the 1 Addl. MACT, Sagar was allowed to the tune of Rs. 52,000/- with interest @ 12% per annum. Payment was to be made within 30 Hays and in case of failure interest was made payable @ 15% per annum. However, the Insurance Company was exonerated on the ground that the respondent No. 2 was not having a valid driving licence at the time of occurrence of the accident.

(2.) LEARNED counsel for the appellant submitted that respondent No. 2 was having a valid driving licence when he was employed by the appellant. In the light of this it is contended that the exoneration of the Insurance Company is not sustainable in law, since, the appellant had taken requisite care to engage respondent No. 2 who was at that time having a valid driving licence.

(3.) MS. Surabhi Nigam, learned counsel for respondent contended that the tanker was a heavy transport vehicle and respondent No. 3 was authorised to drive heavy transport vehicle w. e. f. 6-5-1998. The accident taken place on earlier date, respondent no. 2 cannot be said to have a valid driving licence prior to 16-5-1998.