NATIONAL INSURANCE COMPANY LTD Vs. KANDURI SETHY

JUDGEMENT

(1.) HEARD .

(2.) JUDGMENT dated 13.8.2003 passed by the 2nd Addl. District Judge -cum -Motor Accident Claims Tribunal, Cuttack in M.V. Misc. Case No. 644 of 1997 is assailed by the National Insurance Company Limited in MACA No. 740 of 2003. The same Judgment is also assailed by the claimant -petitioners in MACA No. 889 of 2003. The facts and points in both the cases being same they were taken up together for hearing.

(3.) ON receiving notice the owner of the truck appeared and filed a written statement and took the plea that the accident took place not due to negligence of the driver of the Truck but due to rash and negligent driving of the driver of the Trekker. It is further stated that the Truck was duly insured with the appellant -Insurance Company. The appellant who was opposite party No. 3 before the Tribunal in its written statement vaguely denied the averments made in the claim petition and took the stand that the insurance policy was not valid on the date of accident and that the driver of the offending vehicle was not possessing a valid driving licence. M/s. United India Insurance Company Limited, opposite party No. 4 before the Tribunal, the insurer of the Trekker, also took the specific plea that there being no negligence on the part of the driver of the Trekker in causing the accident the said insurer is not liable to pay any compensation.