NATIONAL INSURANCE CO LTD Vs. BALA

JUDGEMENT

(1.) This order will dispose of three first appeals directed against the award dated 24.7.1998 passed by the Motor Accidents Claims Tribunal, Rohtak awarding a sum of Rs. 2,88,000 along with interest at the rate of 10 per cent per annum as compensation to the claimants in each of the three claim petitions filed by the heirs of the deceased.

(2.) Ram Kumar, Jagdish, Mir Singh, Shri Kishan and Ramesh were travelling together on 17.10.1997 in tractor-trolley which was being driven by Lilu alias Sukhbir. When they reached near village Rohad, it started raining and the driver of the tractor parked the tractor-trolley on the left side of the road. They all got down from the trolley and sat beneath it. It was about 6.00 p.m. A bus bearing registration No. DL-1P-6217 owned by Delhi-Bhiwani Transport Co. Ltd. and driven by Shyam Lal respondent came from Delhi side and struck against the trolley. As a result of this collision, front portion of the tractortrolley was broken and the trolley turned turtle. Lilu alias Sukhbir, Jagdish and Shri Kishan died as a result of the injuries sustained by them whereas Ram Kumar, Mir Singh and Ramesh were injured in the accident. Six claim applications were filed before the Tribunal, three of which were filed by the heirs of the deceased, out of which the present appeals have arisen.

(3.) The claim applications were contested by the respondents including the National Insurance Co. Ltd. which had insured bus No. DL-1P-6217, In the written statement filed by the insurance company, a preliminary objection was taken to the effect that the driver of the bus was not holding a valid driving licence. Since the counsel for the insurance company has contested the liability of the company on the ground that the driver did not possess a valid driving licence, it is necessary to reproduce the preliminary objection No. 3 as taken in the written statement which reads as under: