UNITED INDIA INSURANCE COMPANY LTD. Vs. USHA RANI

JUDGEMENT

(1.) The genesis of these appeals lie in an accident that occurred on 1/7/2011. The accident involved two vehicles, i.e. a Tata Sumo bearing registration No.HP19 5864, driven by one Sh. Kashmir Singh and a Tata Safari bearing registration No.CH-03-L-2010 driven by one Sh. Kuldip Singh. In the said accident, some of the occupants of Tata Sumo suffered injuries, whereas some occupants died. The present bunch of appeals pertains to claim petitions filed by those occupants of Tata Sumo, who had suffered injuries in the accident. Involving overlapping facts and identical question of law, these appeals are taken up together for adjudication.

(2.) Facts:-

(3.) It is not in dispute that at the time of accident, the Tata Safari vehicle was being driven by Sh. Kuldip Singh, impleaded as respondent No.2 in all these appeals and respondent No.1 in all the claim petitions. The Insurer of Tata Safari vehicle had raised an issue before the learned Tribunal that respondent No.2-Sh. Kuldip Singh was not holding any valid and effective driving license to drive the vehicle in question. Following issue was framed in this regard in all three claim petitions:-