NEW INDIA ASSURANCE CO LTD Vs. NARENDER SINGH

JUDGEMENT

(1.) IN this revision petition filed under Article 227 of the Constitution of INdia, the petitioner has sought modification of the order dated 15.5.1996 (Annexure P-l) passed by Motor Accidents Claims Tribunal, Faridabad (hereinafter referred to as 'the Tribunal') to the extent that the petitioner insurance company be absolved of the liability to pay the compensation as the driver of the offending vehicle was not having a valid driving licence at the time of accident.

(2.) BRIEFLY stated, the facts of the case are that on 5.5.1993, after attending a marriage, respondent No. 1 herein and his father were returning from village Mujes-sar to village Gaunchhi in a car bearing registration No. DAV 6453. Respondent No. 1 was sitting on the wheels whereas his father was on the rear seat of the said car and when they reached near the turning of Sector-23, at T-point Sohna Road in Sector-23, a truck bearing registration No. HRC 5651 being driven rashly and negligently by respondent No. 2 at a fast speed came from opposite side at about 10.30 p.m. and caused accident with the car. As a result of the said accident, respondent No. 1 herein received multiple injuries and was taken to Escorts Medical Hospital. F.I.R., Exh. P1 was lodged in that regard. Respondent No. 1-claimant filed a claim petition against the driver, owner and the insurer of the offending truck claiming a sum of Rs. 2,00,000 as compensation.

(3.) THE Claims Tribunal vide order dated 13.3.1995, framed the following issues: