NATIONAL INSURANCE CO LIMITED Vs. RAISA BIBI

JUDGEMENT

(1.) The Insurance Company challenge the order dated 12-12-1995, passed by the Second Motor Accident Claims Tribunal, Cuttack.

(2.) The present opposite parties 1 to 8 filed claim application under Section 166 of the Motor Vehicles Act, 1988, for compensation alleging that the husband of opposite party No. 1 expired in an accident caused due to negligent driving of the vehicle, a trekker bearing number OR-04-5341 belonging to present opposite party No. 9. The claim option was placed before Lok Adalat and the amount of compensation payable to the claimants was amicably settled subject to verification of the Driving Licence of the driver of the Trekker. Thereafter, the Insurance Company filed an application stating that though the driver of the vehicle had the Driving Licence bearing number 803/88-89, he did not have P.S.V. Badge and as such was not authorised to drive any public service vehicle. It was stated that since the trekker was registered as public service vehicle and on the date of accident passengers were being carried in the trekker, the Insurance Company was not liable, as the trekker was being driven by a person who did not have effective driving licence. Subsequently, an additional written statement was filed by the Insurance Company to the very same effect, as per Annexure 1 to the present writ application.

(3.) After examining the documents filed by both parties, the Claims Tribunal found that on the date of accident, the driver had a Driving Licence to drive a heavy goods vehicle. It was further observed :-