NATIONAL INSURANCE COMPANY LTD Vs. INDRA DEVI

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act') has been filed by the insurer assailing the award dated 1.8.2005, passed by the Motor Accident Claims Tribunal, Bilaspur, H.P. in M.A.C. Case No. 89 of 2002, titled as Indra Devi versus Ramesh Kumar and others.

(2.) On 17.6.2002, motor cycle No. HP-33-7551 driven by Sh. Ramesh Kumar (respondent No. 2) which was owned by Sh. Narneet Singh Chandel (respondent No. 3) met with an accident. The vehicle hit a pedestrian Smt. Indra Devi (respondent No. 1) who sustained injuries. She filed a petition under Section 166 of the 'Act' claiming compensation. The claim petition was opposed by Sh. Ramesh Kumar and Sh. Narneet Singh, inter alia, on the ground that the vehicle was in fact being driven by Sh. Suresh Kumar (respondent No. 4) who was impleaded subsequently. The insurer (appellant herein) independently opposed the petition, inter alia, on the ground that the driver was not possessed with an effective driving licence and as such material terms and conditions of the insurance policy having been breached, they were not liable to indemnify the insured.

(3.) The Tribunal framed the following issues:-