RAJINDER SINGH Vs. RAJINDER KUMAR

JUDGEMENT

(1.) THIS appeal, by the insured (owner of the vehicle), is directed against the award dated 20th September, 2005, of Motor Accident CLalms Tribunal, whereby insurer, impleaded as respondent No.4 herein, has been absolved of its liability, to indemnify the appellant-insured.

(2.) A petition under Section 166 of the Motor Vehicles Act, 1988 was filed by respondents 1 to 3 (hereinafter referred to as cLalmants), seeking award of compensation, for the death of a six year's old child. It was alleged that the deceased was present by the side of road, when it was hit by bus No. HP-67-0364. The bus, at the relevant time, was being driven by respondent No.3 Tarsem Lal. Cause of accident was alleged to be rash or negligent driving of the bus. Insurance Company, impleaded as respondent No.4 herein, denied its liability, on the plea that the driver of the bus, namely Tarsem Lal, did not posses a valid and effective driving licence and, thus, there was a breach of condition of the Policy, on account of which, it was not liable to indemnify the insured. Owner and the driver of the bus denied that cause of accident was rash or negligent driving of the vehicle.

(3.) I have heared the learned Counsel for the parties and gone through the record.