JAYANT PRAKASH GIRI Vs. SOBHA TAHANGURIA JOGE

JUDGEMENT

(1.) This is an appeal, under section 173 of the Motor Vehicles Act, 1988 (henceforth 'the Act'), against the award dated 11.7.1997, passed by Motor Accidents Claims Tribunal, Durg in Motor Claim Case No. 68 of 1995.

(2.) The facts of this case may be stated in a narrow compass. On 21.9.1995, the respondent No. 1 suffered a road accident when she collided with Matador No. MP 24-C2602 while travelling on a Luna No. MP 24-A1133. The respondent No. 1 was a Laboratory Technician by profession and she used to travel to Government Hospital, Durg by the aforesaid Luna. At the time of the accident, the respondent No. 1 was pregnant and was carrying a child of three months in her womb. The consequence of the accident was that the respondent No. J suffered injuries on her body and had suffered abortion on 9.10.1995 in the hospital on account of nervous shock she received.

(3.) Thereupon, the respondent No. 1 preferred a claim before the Claims Tribunal seeking compensation amounting to Rs. 3,61,894 from the owner, driver and insurer of the Matador. The driver appellant did not contest the claim and, therefore, the Claims Tribunal proceeded ex pane against him. The respondent No. 2, United India Insurance Co. Ltd., Raipur, denied the claim of the respondent No. 1, the claimant and denied its liability to pay the compensation on the ground that the appellant was not holding a valid driving licence at the time he was driving Matador in question. The precise claim of the res- pondent No. 2 was that the driving licence No. 030639/J/89 was not issued by the Regional Transport Office, Jaipur, because the investigator employed by the respond- ent No. 2 stated that no record of issuance of licence was available at Jaipur. The respondent No. 2 further claimed that it was not liable to pay compensation on the ground that the accident did not occur on account of rash and negligent driving of the vehicle insured by it.