(1.) VARINDER Kumar who was travelling on a scooter on the Patiala Malekotla road had an accident with tractor No. PUC 4947 on January 3, 1979. He sustained injuries and died. His widow, two minor children and parents claimed compensation. The Tribunal found that the accident had occurred due to the negligence of the driver of the tractor and awarded a sum of Rs. 55,000/- to the claimants. It was held that the compensation was payable to Smt. Gurbachan Kaur who was held to be the owner of the tractor.
(2.) THE award of the Tribunal was challenged in two separate appeals by Smt. Gurbachan Kaur the owner and the claimants. In the appeal by the owner of the tractor (Smt. Gurbachan Kaur) two grounds were raised. Firstly, it claimed that the finding recorded by the Tribunal that the driver was negligent was untenable, Secondly, as an alternative, it was pleaded that the liability was that of the Insurance Company and not of the owner. In the other appeal filed by the claimants a claim for enhancement of compensation was made.
(3.) THE learned Single Judge who heard these two appeals held that "the accident took place while the scooter was trying to go past the tractor and the tractor suddenly turned to its right without giving any werning or indication to the deceased. It is also significant that the tractor driver did not stop after the accident, but drove off. There can thus, be no manner of doubt that the blame of the accident must lie entirely with the driver of the tractor and consequently the finding of negligence recorded by the Tribunal against the tractor driver must be upheld. " It was further held that "under Section 96 (2) (ii) of the Motor Vehicles Act, the insurer can defend a claim for compensation on the ground that the vehicle was being driven by the person, who was not duly licenced.--It follows, therefore, that as the Insurance Company has failed to show that the tractor was being driven by a person who did not hold a valid driving licence it cannot be absolved from liability for payment of compensation in this case. " On these premises, the appeal of the owner of the vehicle was accepted. The learned Single Judge further found that the claimants were entitled to the enhancement of compensation which was fixed at Rs. 96,000/with interest at the rate of 12 per cent per annum from the date of the application to the date of the payment of the amount awarded. Accordingly, both the appeals were accepted.