NATIONAL INSURANCE CO LTD Vs. BABY TABBSSUM

JUDGEMENT

(1.) AS both the appeals involve same facts and points of law, the same are heard together with consent of learned Counsel tor the parties and this common judgment disposes off both the writ petitions.

(2.) THE appellant-national Insurance company Ltd. , has filed M. A. Nos. 260 and 261 of 2002 under Section 173 of the Motor vehicles Act, 1988 challenging the common award dated 4lh December, 2001, passed by the learned Second Motor Accident Claims tribunal, Northern Division, Sambalpur in Misc. (A) Case Nos. 99 of 1990 (SN) and 100 of 1990 (SN) respectively.

(3.) THE scenario of facts reveals that on 27th february, 1990 Istak Ansari and Md. Iqbal ansari were traveling in a truck (dumper)bearing registration No. ORJ-7297 along with they goods after closure of the Hat. The said truck, it was alleged, was driven in a rash and negligent manner. Consequently it met with an accident and capsized. Istak Ansari died at the spot whereas Ms. Iqbal Ansari sustained fatal injuries and in spite of best treatment his life could be saved. The wife, son and daughter of Istak Ansari filed a petition under section 166 of M. V. Act which was registered as Misc. (A) Case No. 99 of 1990 (SN)whereas the petition filed by mother of Md. Iqbal Ansari was registered as Misc. (A) Case no. 100 of 1990 (S. N. ). After receiving notice the owner of the of fending vehicle filed a written statement denying the accident but then took the stand that the vehicle was duly insured with the appellant-Insurance Company and the insurance policy was valid. The appellant-Insurance Company in its written statement vaguely denied the averments made in the claim petition. It took the stand that the driver of the offending vehicle was not possessing a valid driving licence and as the vehicle was not authorised to carry passengers the Insurance Company was not liable to pay any compensation.