NATIONAL INSURANCE CO LTD Vs. BHATERI

JUDGEMENT

(1.) This order shall dispose of two appeals being F.A.O. Nos. 3251 and 3243 of 1996. Both the aforesaid appeals have been filed by National Insurance Co. Ltd. and have arisen out of a common award dated 1.10.1996 passed by the Motor Accidents Claims Tribunal, Jind (for short, 'the Tribunal').

(2.) An accident occurred on 20.5.1993. Hawa Singh and Bhateri along with several other passengers were travelling in a minibus. It was claimed that Dharamvir was driving the aforesaid minibus carelessly and negligently. On account of the aforesaid rashness and carelessness, an accident occurred. Hawa Singh and Bhateri along with other passengers sustained injuries. Both the aforesaid claimants claimed compensation on account of the said injuries by filing the claim petitions before the Tribunal.

(3.) The learned Tribunal, on the basis of evidence available on the record, found it is a fact that the driver of the offending 0vehicle was rash and negligent in his driving. The learned Tribunal further found that although licence which was issued to the driver of the vehicle was originally fake but it had been renewed repeatedly and, therefore, had acquired validity. Consequently, the insurance company was also, held liable to pay the amount of compensation. The amount of compensation was assessed. The claimant Hawa Singh was held entitled to Rs. 1,10,000 and the claimant Bhateri was held entitled to Rs. 35,000 as compensation. Both were held entitled to the compensation, as aforesaid, along with interest at the rate of 12 per cent per annum.