BEER SINGH Vs. SATBIR SINGH

JUDGEMENT

(1.) THE short question that comes up for consideration in the present appeal is as to if the respondent United India Insurance Company Ltd., is responsible to pay compensation to the appellants.

(2.) THE relevant facts giving rise to the present question and the appeal are that on 3.1.1994 Satbir Singh was going on the bicycle with drums containing milk for sale. He was going from city Rewari to Sadbusa Nagar. At about 6.40 p.m. when he reached near the house of Hari Narain, one tractor bearing registration No. HNM-1876 was being driven by Beer Singh appellant No. 1 in a rash and negligent manner. It came from Rewari City side and hit Satbir Singh. Satbir Singh fell down and sustained injuries. The accident is alleged to have occurred because of rash and negligent driving of Beer Singh. Jai Parkash and Parkash and son of Daya Ram witnessed the occurrence. Satbir Singh was removed to the hospital at Rewari. He was referred to Medical College, Rohtak. Satbir Singh remained admitted in the said hospital. He claimed a compensation of Rs. 13 lacs with respect to the permanent disability, expense for medical treatment, pain and sufferings.

(3.) UNITED India Insurance Company Ltd., respondent No. 2 in its separate reply also contested the claim. It denied factum of such an accident. However, it was pleaded that Beer Singh driver of the tractor was not having a valid driving licence. He was driving the tractor without registration and in violation of terms and conditions of the insurance policy. Consequently, respondent No. 2 denied its liability to pay the compensation.