RAM DASS Vs. SAVITRI

JUDGEMENT

(1.) The present appeal has been filed by the owner of the offending truck against the impugned award dated 26.11.1999, passed by the learned Motor Accident Claims Tribunal, Bhiwani, (for short, 'the Tribunal'). The learned counsel for the appellants contends that the respondent-insurance company did not plead with regard to breach of any of the terms and conditions of the insurance policy, therefore, the finding recorded by the learned Tribunal that the driver was not holding valid driving licence, is erroneous. The appellant-owner had taken due diligence before employing the driver, therefore, the respondent-Insurance Company ought not have been exonerated.

(2.) On the other hand, the learned counsel for respondent-Insurance Company has argued that the appellant did not come forward to defend his case. Except the bald statement, there is nothing to show that the appellant had satisfied himself with regard to the genuineness of the driving licence.

(3.) I have heard learned counsel for the parties and perused the record.