UNITED INDIA INSURANCE CO. LTD Vs. MUKESH

JUDGEMENT

(1.) THIS judgment shall govern disposal of Misc. Appeal Nos. 417/97, 418/97 and 512/97 as they arise out of the same accident.

(2.) FACTS of the case, in brief, are that on 10.4.1995 claimants Mukesh and Ramesh were going on scooter No. M.P. 09-4754 towards Shivaji statute from the office of Public Service Commission, Indore. This scooter was being driven by Mukesh. When they reached near Medical College Hospital, the respondent/non-applicant No. 2 Abdul Aziz came from opposite side driving Ambassador Car No. M.P.F. 1541 belonging to respondent/non-applicant No. 1 Nepal Singh and insured with N.A. No. 3 United India Insurance Company (appellant in M.As. Nos. 417/98 and 418/97) in rash and negligent manner and dashed against the scooter as a result of which Ramesh and Mukesh sustained grievous injuries and became permanently disabled. Applicant-claimant Mukesh filed (M.A. No. 512/97) Claim Case No. 220/95 claiming compensation of Rs. 3,58,000/-. Respondent-claimant Ramesh filed Claim Case No. 219/95 seeking compensation of Rs. 5,60,000/-. The respondent-non-applicants driver Abdul Aziz and owner-Nepal Singh remained absent and were proceeded ex parte. Appellant Insurance Company resisted the claim and averred that accident occurred due to rash and negligent driving of the scooter by Mukesh. It was further pleaded that driver Abdul Aziz had no valid driving licence, therefore, the Insurance Company was not to pay compensation. The learned Tribunal after appreciation of evidence on record held that the accident happened due to rash and negligent driving of Car No. M.P.F. 1541 by non-applicant No. 2 Abdul Aziz and awarded compensation of Rs. 1,77,000/- to Ramesh and Rs. 1,81,000/- to Mukesh for the injuries sustained by them in the accident to be paid by all the non-applicants.