VIJAY BHADUR Vs. SARBATI

JUDGEMENT

(1.) THE claim for award of compensation, filed by respondents No. 1 to 7 (hereinafter referred to as "the claimants) was decreed by the Motor Accident Claims Tribunal, Bhiwani (hereinafter referred to as "the MACT") vide award dated 2.1.1993. The compensation awarded was Rs. 1,02,400/-. It was ordered to be payable by respondent No. 2 - Vijay Bhadur, the registered owner of vehicle bearing registration No. DIL-5205 (hereinafter referred to as "DIL vehicle"). The claimants' allegation was that the impugned accident had been caused by respondent No. 10 by driving the DIL vehicle rashly and negligently on 11.8.1987. The deceased and few others were travelling by a Matador bearing registration No. HNH-4006 (hereinafter referred to as "HNH vehicle") which was proceeding from Kalanaur to Dadri. When the HNH vehicle had covered a distance of about four kilometers from Dadri, the DIL vehicle came from the opposite direction and hit the HNH vehicle.

(2.) THE petition was contested only by United India Insurance Company (respondent No. 9 before this Court). All other respondents were proceeded ex parte. The plea raised by the United India Insurance Company was that the DIL vehicle was not insured with it. The liability to pay the amount of compensation was, accordingly, denied. The plea raised, in the alternative, was that the driver of DIL vehicle, was not holding a valid driving licence and further that it was also not a registered vehicle.

(3.) I have heard learned counsel for respondent No. 8 i.e. the New India Assurance Company Ltd. and have carefully gone through the records. None appeared on behalf of the appellant before this Court.