NATIONAL INSURANCE CO Vs. JOGINDER SINGH

JUDGEMENT

(1.) By means of the present judgment, three appeals, two filed by the National Insurance Company and one by the dependents of a deceased person, who shall hereinafter be referred to as claimants, are being disposed of, as all of them arise out of the same accident.

(2.) Deceased Swaran Singh and Subhash Thakur were employed as driver and conductor, respectively, on a truck. When, after parking their truck they were standing by the side of the road, an oil tanker bearing Registration No. HR-10A- 4077 appeared there. Tanker was being driven by respondent Ranbir Singh. It was owned by respondent Surinder Kumar Goel and insured with National Insurance Company (appellant in FAO Nos. 221 and 222 of 2004 and respondent No.3 in FAO No.249 of 2005). Tanker hit both the above named driver and conductor of the truck, as a result of which they died. Petitions were filed by their dependents, under Section 166 of the Motor Vehicles Act for award of compensation. It was alleged that the cause of accident was rash or negligent driving of the tanker by its driver respondent Ranbir Singh. Accident took place in the year 1999.

(3.) National Insurance Company denied its liability on the plea that the driver of the tanker did not possess a valid and effective driving licence and, thus, there was breach of condition of insurance policy as to the persons who were authorized to drive the vehicle.