(1.) Insurance company has filed this appeal to challenge the award dated 29.10.1999 passed by the Motor Accidents Claims Tribunal, Gurdaspur (for short 'the Tribunal') whereby the claimants-respondents have been awarded an amount of Rs. 1,50,000 as compensation on account of the death of Surinder Pal, who died in a road accident on 4.11.1991 at 2.30 p.m.
(2.) In brief, the facts giving rise to the present appeal are that Surinder Pal aged 24 and was running a canteen at Railway Station, Jammu, was hit by a truck bearing registration No. PEN 6215 being driven by Mohal Lal, respondent No. 7, while the former was riding a motor cycle bearing the registration No. PCW 1930. Surinder Pal was killed at the spot. The truck in question was owned by Kashmira Singh, respondent No. 6 and was insured with Oriental Insurance Co. Ltd., Pathankot (appellant herein). Legal heirs of Surinder Pal deceased, i.e., his mother, three sisters and one brother filed claim petition. The Tribunal found that the accident had been caused on account of rash and negligent driving of the truck by Mohan Lai, driver, respondent No. 7. The Tribunal passed the award for an amount of Rs. 1,50,000 with 15 per cent interest from the date of application till date of payment. As the truck was insured, the liability was placed on the insurance company, the appellant. Now the insurance company has filed this appeal to challenge the award passed by the Claims Tribunal.
(3.) The aforementioned facts are not disputed by the counsel for the appellant. However, the only plea raised by Mr. Neeraj Khanna, the learned counsel for the appellant is that Mohan Lai, respondent No. 7, who was driving the offending vehicle was not holding valid driving licence. On this ground it has been pleaded that as the owner of the truck had not complied with the terms and conditions of the insurance policy and allowed the vehicle to be driven by a person who was not authorised to do so, therefore, the liability to make the payment of compensation to the claimants has wrongly been placed on the appellant insurance company.