NATIONAL INSURANCE COMPANY LTD Vs. BALRAJ

JUDGEMENT

(1.) F.A.O. No 3300 of 2011 has been brought by the National Insurance Company Limited challenging the award dated 23.2.2011 passed by Motor Accidents Claims Tribunal, Fatehabad (for short, "the Tribunal") while the other five appeals, i.e. F.A.O. Nos. 5172 to 5176 of 2011 have been brought against the award dated 15.6.2011 passed by the same Tribunal. The awards have been challenged on the point of validity of the driving licence, decided under issue No. 3 in the award dated 23.2.2011 and under issue No. 5 in the award dated 15.6.2011. In both the awards under the aforesaid issues, the Tribunal had returned a finding against the appellant, Insurance Company in identical terms to the effect that it has failed to prove Paramjit Singh, respondent No. 1 to be not holding a valid and effective driving licence on the date of accident and, therefore, it cannot escape from its liability to indemnify the insured. Since the appellant and the contesting respondents, i.e., respondents No. 2 and 3 are the same and no appeals have been filed by the claimants, these six appeals are being decided by way of this common judgment. The facts necessary to decide these appeals may be taken from FAO No. 3300 of 2011 and they are as under:

(2.) On 28.12.2007, Balraj alongwith various other persons namely, Shishpal Singh, Madho Ram, Vijay Mahiya, Sushil Bishnoi, Joginder Singh, Devi Lal, Suba Singh and Puran Chand left Fatehabad for Chandigarh in a Scorpio bearing registration No. HR-62-2111, which was driven by Balraj. At about 8.30 a.m., when Balraj was near Simran Dhaba in the area of Samana, a Tata 407 bearing registration No. PB-13N-5913, driven by respondent No. 1 in a rash and negligent manner, suddenly came on the road from the side of the dhaba. Balraj applied brakes to his vehicle, but despite it, the Scorpio had hit Tata 407. All the persons travelling in the Scorpio suffered injuries. The Scorpio was also damaged in the accident. Respondent No. 1 escaped from the spot leaving his vehicle there. The injured were taken to Civil Hospital, Samana by a person passing thereby. A criminal case was got registered against respondent No. 1 for causing this accident.

(3.) Respondents No. 1 and 2 in their joint written statement have denied the accident to have been an outcome of rash or negligent driving of Tata 407 in question. According to them, Balraj himself was busy in talking on his mobile phone while driving his Scorpio.