NATIOANL INSURANCE CO LTD Vs. NIRMLA DEVI

JUDGEMENT

(1.) -NATIONAL Insurance Co. Ltd. (hereinafter to be referred as 'the appellant') has filed the present F. A. O. against award dated 27. 7. 1993 passed by motor Accidents Claims Tribunal, Bhiwani whereby the appellant (along with the driver and registered owner of the offending vehicle) was held jointly and severally liable to pay the amount of compensation (with interest at the rate of 15 per cent per annum from the date of application till the date of recovery thereof ).

(2.) THE plea raised by the claimants and upheld at the trial was that they are legal representatives of Sham Lal Mittal (husband of appellant Nirmla Devi, father of the appellants Shekhar Mittal and Sudhir mittal and son of appellant Nanhi Devi, who was given up as dead on 14. 5. 1993 before the Tribunal ). The further allegation is that truck No. HRH 5960 driven by Rajinder Singh, respondent No. 6, had caused the impugned accident. That vehicle was owned by Tulsi Lal, respondent no. 7, who died during the trial and who is represented by his legal representatives, i. e. , respondents Nos. 7 (i) to 7 (v ).

(3.) THE insurer has, in the present appeal, raised a plea for exoneration on an averment that Rajinder Singh, respondent No. 6, was not holding a valid driving licence on the date of the impugned accident and by handing over the vehicle to him, the insured, i. e. , Tulsi Lal, respondent No. 7, had violated the terms and conditions of the insurance policy.