KAPIL NATH Vs. NAZIRHUSSAIN

JUDGEMENT

(1.) The instant appeal has been preferred against the judgment and award dated 25.05.2000 passed by the learned Member, Motor Accident Claims Tribunal, Dhubri [hereinafter referred to as the 'Tribunal'] in MAC Case No. 30/1994 wherein the learned Tribunal has held that the death of the son of the claimant was caused due to the negligent driving of the owner-driver of the scooter, Shir Kapil Nath [the appellant herein] and therefore awarded a compensation of Rs. 1,64,000/- [Rupees One Lakh Sixty Four Thousand] only to the claimant which includes interim relief of no-fault liability, if any paid already. The learned Tribunal further held that the said amount is to be paid by Shri Nath and not by the insurance company, United India Insurance Co. Ltd., as he had not followed the terms of the contract of insurance by not adhering to the provisions of clause 3 of the Central Motor Vehicles Rules, 1989. The brief facts of the case, as set out in the claim petition, are that on 21.12.1993 at around 5 P.M., the son of the claimant, Saiful Islam, a 16 year old student and HSLC Final examinee, was hit by the scooter bearing registration No. AS-16/1436 which was being driven by its owner Shri Kapil Nath near Futkibari State Dispensary, Village - Futkibari on the PWD Road.

(2.) The owner-driver Shri Kapil Nath filed a written statement denying that the alleged accident was caused due to his rash and negligent driving and stating that the scooter was insured under coverage of United India Insurance Co. Ltd. and that he was not liable to pay any compensation for the alleged incident.

(3.) The insurer United India Insurance Co. Ltd. also contested the case by filing written statement contending inter alia that Shri Nath had only a Learner's Licence and was not authorized to drive any motor vehicle in any public place and thus the insurer was not liable to pay any compensation to the claimant.