ORIENTAL INSURANCE CO LTD Vs. VIDYA DEVI

JUDGEMENT

(1.) Ved Prakash, a boy aged 19 years who was a student of class X was riding his bicycle on 29.4.1992. At about 8 a.m. he reached bus stand, Pandoh. A Maruti van No. HPY 1334 was parked on the left side of the road. While Ved Prakash was passing by the side of the van, the driver of this van, respondent No. 6, suddenly opened the door of the van and hit the deceased. Due to this impact the cyclist swerved towards right side and he was knocked down by the oil tanker No. HPA 6489 which was coming from the opposite side. Ved Prakash suffered serious injuries. He was firstly taken to the District Hospital, Mandi and then referred to the PGI, Chandigarh. He succumbed to his injuries on 30.4.1992.

(2.) The claimants, respondent Nos. 1 and 2, parents of Ved Prakash deceased filed a claim petition for grant of compensation under section 166 of the Motor Vehicles Act, 1988. Both the vehicles were insured with Oriental Insurance Co. Ltd. The driver of the oil tanker, respondent No. 4, herein filed a reply to the petition denying the accident and took up the plea that his tanker was not involved in the accident and in fact he reached at the site much later. Driver of the van, respondent No. 6, tried to shift the blame to the deceased himself and it was averred that the deceased had hit the oil tanker while negligently riding his bicycle.

(3.) The appellant, insurance company, took up the plea that the vehicles in question were being driven by unlicensed and unauthorised persons the liability of which was not covered under the policy of insurance. Both the owners, i.e., respondent Nos. 3 and 5 did not care to file reply to the petition. The owner of the tanker, respondent No. 3, was served but proceeded exparte by the Tribunal on 22.6.1993. The owner of the van, respondent No. 5 herein, stated that he did not want to file independent reply and adopt the reply filed by his driver, respondent No. 4.