UNITED INDIA INSURANCE COMPANY LTD Vs. BHALLE RAM

JUDGEMENT

(1.) CHALLENGE in the present revision petition, filed by the Insurance Company, is to the order dated 17.01.1994 (Annexure P4), passed by the Motor Accident Claims Tribunal, Jind (hereinafter, referred to as the 'Tribunal'), whereby respondent No.1 was awarded a sum of Rs. 25,000/ - on account of no fault liability, envisaged under Section 140 of the Motor Vehicles Act, 1988 (for short, the 'Act'). The amount was to be paid within one month, failing which, the claimant was entitled to get interest @ 12% per annum from the date of filing of the application under Section 140 of the Act.

(2.) A perusal of the paperbook would go on to show that the claimant pleaded before the Tribunal that in an accident which took place on 05.04.1992, Sunita, his daughter died due to the negligent driving of the truck bearing No.HYR -7457, driven by respondent No.2 and ensured with the petitionerCompany.

(3.) IN the written statement filed, the Insurance Company took the plea that the driver did not have a valid license and there was no valid fitness certificate. Respondent No.3 was not the owner and therefore, the Company was not liable to pay any compensation. The insurance policy in favour of respondent No.3 was also denied. It was, however, admitted that the truck was ensured with the respondent -Company.