NATIONAL INSURANCE COMPANY LTD. Vs. SUNAJI AND ORS.

JUDGEMENT

(1.) This appeal has been filed against the award dated 16.05.1995 passed by the Motor Accident Claims Tribunal, Hisar in favour of the claimant -respondents on account of the injuries suffered by claimant -respondent No. 1 in a motor vehicle accident on 05.12.1991 while she was going on a cycle being paddled by her brother Chandgi and was hit by a Canter bearing registration No. DL/II -3014 being driven by Thandu Ram. Chandgi died in that accident whereas respondent No. 1 received injuries and the Tribunal awarded a sum of Rs. 25,000/ - to her along with interest at the rate of 12% p.a. holding respondents No. 1, 2 and 4 jointly and severally liable to pay the same. This appeal hinges on the issue of the liability of the insurance company when the licence of the driver was invalid.

(2.) Learned counsel has argued that in this case notice having been issued service was effected but none has appeared on behalf of the owner and the driver. In the circumstances the appeal is being decided in their absence. He has argued that had it been a situation where the owner i.e. respondent No. 2 in the original claim petition, had come into the witness box and deposed that he had employed the driver after seeing his licence and after having observed his driving skills he would have been exonerated from incurring any liability even if subsequently transpired that the driving licence was fake but in the present case the owner has not appeared in the witness box to state this fact and in these circumstances there would be no escape from the grant of recovery right to the appellant. In P.R.T.C. v/s. National Insurance Company, : 2013 (4) R.C.R. (Civil) 273 the Hon'ble Supreme Court had held as follows: -

(3.) In the present case the owner i.e. respondent No. 4 has not discharged the burden laid by the judgment of me Hon'ble Supreme Court in the case of PRTC v/s. National Insurance Co. Ltd. (supra).