NATIONAL INSURANCE CO. LTD Vs. BIDYUT ANKURAY

JUDGEMENT

(1.) Though the application has been listed for disposal today, but we find that the appeal itself can be conveniently disposed of as the challenge is squeezed to a solitary point that the driver of the offending vehicle did not possess valid driving licence and, therefore, the Insurance Company is not liable to pay any compensation.

(2.) We, therefore, decided to dispose of the appeal solely on the point, so raised and invited the respective Advocates to argue on the aforesaid point.

(3.) It is not in dispute that the claimants/respondents filed an application under Section 166 of the Motor Vehicles Act, 1988 claiming compensation for accidental death of their predecessor on road on 16th January 2008. The victim was a pillion rider of a motorcycle and was heading from Durgapur side to Andal More along National Highway-II. The offending vehicle dashed the said motorcycle from behind and as a resultant effect the victim sustained severe injuries and succumbed to death. It is undisputed that the said victim was an employee of Durgapur Still Plant and was getting a salary of Rs. 24,000/- per month. At the time of his death, he was 52 years of age and compensation is claimed by his successors.