RADHA DEVI Vs. ANKIT CHAUHAN

JUDGEMENT

(1.) The instant appeal, under Section 173 of the Motor Vehicles Act, 1988, is maintained by the appellant/petitioner (hereinafter referred to as the 'petitioner') for quashing and setting aside the impugned award, dated 14.1.2011, passed by the learned Motor Accident Claims Tribunal, (Fast Track Court), Shimla, in M.A.C No.4-S/2 of 2008 and to allow the claim petition.

(2.) Brief facts giving rise to the present appeal are that on 27.12.2006, around 3:00 p.m, petitioner was going to Ayurvedic Hospital, Chhota Shimla, when a car bearing registration No.HP-52-0872, came from the opposite side in a rash and negligent manner so as to endanger human life and personal safety of others hit the petitioner, as a result of which, the petitioner suffered simple injuries. The accident had taken place due to the rash and negligent driving of respondent No.1. The petitioner was treated upon in a hospital and expenses in the sum of Rs. 40,000/-, were incurred and have suffered 10% permanent disability. Thereafter, the petitioner claimed compensation by way of petition before the learned Motor Accident Claims Tribunal, (Fast Track Court), Shimla.

(3.) Respondent No.1 contested the petition by filing a reply whereby, preliminary objections of maintainability was taken. On merits, respondent No.1 denied that the vehicle in question was involved in the accident and if at all, learned Tribunal comes to the conclusion that the petitioner is entitled for compensation, in that eventuality, his vehicle was duly insured with respondent No.2-Insurance Company and the driver was having valid and effective driving licence to ply it. Respondent No.2 has also filed its reply and contested the petition mainly on the ground that the petition is not maintainable, since no accident took place with this vehicle. Further, respondent No.1 was not having valid and effective driving licence to ply the vehicle. There was wilfull breach of the terms of the insurance policy and Insurance Company has no liability to indemnify the insurer and pay compensation to her.