SUKH DEV Vs. BHAGWATI DEVI

JUDGEMENT

(1.) THIS appeal under Section 173 of Motor Vehicles Act (hereinafter called 'the Act') is directed against the award dated 27.11.1993 passed by the Motor Accidents Claims Tribunal, Una, whereby an amount of Rs. 1,57,800 was awarded to respondent-claimant Nos. 1 to (1)hereinafter called 'the claimants') as compensation payable by the appellant-respondent Sukh Dev, owner of the tractor No. PJD 1882. Respondent No. 10, Som Nath, son of Mangat Ram, was stated to be driver of the said tractor. Respondent No. 11, United India Insurance Co. Ltd., has been absolved of its responsibilities to indemnify the owner of the said tractor on the ground that there has been breach of specified condition of the insurance policy, such as, the driver did not have the valid licence at the time of accident which was in violation of Sub-section (2)(a)(ii) of Section 149.

(2.) WE have heard the learned Counsel for the parties and gone through the record.

(3.) THE H.R.T.C. also filed reply to the claim petition denying its liability as its driver was not driving the bus rashly and negligently and the accident had taken place due to rash and negligent driving by the driver of the tractor. Replication was also filed to the replies of respondents.