NATIONAL INSURANCE CO LTD Vs. GURDAI

JUDGEMENT

(1.) This appeal has been preferred by the appellant Insurance Company against the judgment and award passed by the learned Motor Accident Claims Tribunal, (III) Kangra at Dharamshala awarding a sum of Rs. 1,70,000/- for the death of deceased Purshotam Lal who died in the accident on 2.6.2003.

(2.) The facts of the case are that husband of the petitioner was travelling in the vehicle Tata Sumo bearing 1 Whether Reporters of Local Papers may be allowed to see the judgment? Yes registration No.CH-01-T3514 which was being driven in a rash and negligent manner and which met with an accident, as a result of which he died. The owner and driver of the vehicle namely Shiv Charan Singh and Anil Kumar, were proceeded exparte and as such did not appear before the trial Court. The stand adopted by the Insurance Company was that driver Anil Kumar was not having a valid and effective driving licence at the time of accident and that owner Shiv Charan Singh had not verified as to whether this person was possessed of a valid driving licence. It was further alleged that the vehicle was being driven in a rash and negligent manner. Permission under Section 170 of the Motor Vehicles Act was granted to the Insurance Company by an order dated 19.6.2004 to defend the claim petition on merits.

(3.) Three issues were settled by the learned Tribunal, namely whether deceased Purshotam Lal died because of the injuries sustained by him in the accident, as alleged; the quantum of compensation and the third most important issue was whether the driver i.e. respondent No. 3 was not holding a valid driving licence. Taking into consideration the entirety of the facts and circumstances of the case, the learned Court allowed the petition.