SUMITRA DEVI Vs. DANESH KUMAR

JUDGEMENT

(1.) MR . Malik submits that in the impugned order the learned claims Tribunal has admitted that Gulshan Kumar died on December 3, 1991, in a vehicular accident. Respondent No. 1 - Dinesli Kumar was driving the offending scooter. He has admitted the accident. The Oriental Insurance Company Limited has also admitted that the said offending vehicle was insured with it. Hence the claimants are entitled to compensation under section 140 of the Motor Vehicles Act, 1988, on account of 'no fault liability'. The claim petition was dismissed Gulshan Kumar was negligent in driving his vehicle.

(2.) MR . Malik relied on Smt. Kailash Kumari v. Bhola, (1988-1)93 P. L. R. 116; Oriental Fire & General Insurance Co. Ltd. v. Smt. Beasa Devi, (1985-1)87 P. L. R. 59 and Rawat Singh v. Sube Singh, (1995-1)100 P. L. R. 539.

(3.) IN Smt. Beasa Devi's case (supra) a Division Bench of the High Court has held that under section 92-A of the old Act, the Insurance Company is liable if the accident of the vehicle of the owner is admitted or proved and the Tribunal comes to a further prima facie conclusion that the vehicle was insured.