NEW INDIA ASSURANCE COMPANY Vs. RANJIT SINGH

JUDGEMENT

(1.) This is an appeal brought by New India Assurance Company, the insurer of truck bearing registration No. PB32-B/8307 challenging the award dated 13.02.2010 passed by Motor Accidents Claims Tribunal, Jalandhar (for short 'the Tribunal') vide which the plea of the appellant of violation of terms and conditions of the insurance policy by the insured has been rejected and the insurance company is held liable to pay compensation to the claimants jointly and severally with respondents No. 1 and 3, the driver and owner of the truck in question.

(2.) The claim petition for compensation had been brought by Ranjit Singh and others,respondents No. 1 to 3 before me, under the provisions of section 166 of Motor Vehicles Act, 1988 ( for short the Act) seeking compensation in a sum of Rs. 15,00,000/- on the death of Sonia Saini in a road side accident that took place on 11.10.2007. The accident is claimed to have occurred while Sonia Saini was moving on her Honda Activa bearing registration No. PB-08 BB/7110 and was hit by truck bearing registration No. PB/32-B/8037.

(3.) The respondents resisted the claim of the claimants. What is necessary to mention here is the plea of respondent No. 2, the insurer, who has claimed that respondent No. 1 was not holding a valid and proper driving licence at the time of the accident and, therefore, the insured has violated the terms and conditions of the insurance policy.