LAWS(P&H)-2006-2-144

DARSHAN SINGH Vs. NATIOANAL INSURANCE CO LTD

Decided On February 22, 2006
DARSHAN SINGH Appellant
V/S
NATIONAL INSURANCE CO. LTD. Respondents

JUDGEMENT

(1.) This judgment shall dispose of two appeals bearing F.A.O. Nos. 3082 and 3083 of 2003, as both these appeals have arisen out of a common accident. The appeals have been filed by the owner of the vehicle, which was involved in the accident. The limited challenge in the present appeals is with regard to the award of the learned Tribunal, wherein National Insurance Co. Ltd., with whom the vehicle in question was insured, was absolved of its liability.

(2.) An accident had taken place on 29.4.1999. In the aforesaid accident, one Kanta died and Ankush Ingola was injured. Two claim petitions were filed before the Tribunal. It was claimed that Jasbir Singh, who was driving the truck bearing registration No. PBJ 9885, was rash and negligent in his driving, thereby causing death of Kanta and injuries to Ankush Ingola.

(3.) The learned Tribunal, on the basis of evidence on record, found that Jasbir Singh was driving the truck in question rashly and negligently. Consequently, the claimants were held entitled to compensation. However, the plea raised by the insurance company was accepted to the effect that the original driving licence possessed by Jasbir Singh was not valid although the same had been subsequently renewed. Consequently, National Insurance Co. Ltd. was absolved of its liability.