NATIONAL INSURANCE CO LTD Vs. SUBHASH KUMARI

JUDGEMENT

(1.) THE appeal here is by the National Insurance Co. Ltd. seeking to challenge its liability for the compensation awarded to the widow and daughter of Sham Lal deceased, who was killed in a road accident, on the plea that Sham Lal was an unauthorised passenger on the tempo involved in the accident.

(2.) THE accident occurred in the area of village Bheel Chhapra on the Bilaspur-Shehzadpur Road at about 5. 30 a. m. on December 4, 1981. Sham Lal was travelling in the Tempo HRA 6865 on which gur belonging to him was being carried. On account of the rash and negligent driving of this Tempo, it went off the road and hit into a tree and it was as a result of the injuries sustained by him in this accident that Sham Lal died. The Tribunal, after recording a finding of negligence against the driver of the Tempo, awarded Rs. 40,000/- as compensation to the widow and daughter of Sham Lai. The driver and owner of the Tempo as also the National Insurance Co. Ltd. with which the Tempo had been insured were held to be jointly and severally liable for the compensation awarded.

(3.) IN seeking to absolve itself from liability, the two pleas raised by the insurance company were that the driver had no valid driving licence and further that the deceased was travelling in the vehicle as an unauthorised passenger. No evidence was led to show that the driver did not possess a valid driving licence and, therefore, this objection was not persisted with.