NATIONAL INSURANCE CO LTD Vs. RAJEEV VERMA

JUDGEMENT

(1.) This judgment shall dispose of the aforesaid two appeals arising out of the same award passed by the Motor Accidents Claims Tribunal-I, Solan in the Claim Petition No. 79-S/2 of 1998; decided on 27.7.2002.

(2.) The facts relevant for the decision of the case are that claimant Rajeev Verma was travelling on a scooter when he was hit by truck No. HP 14-4578, which was being driven by Sher Singh. This truck was owned by Rajeev Kohli and insured with National Insurance Co. Ltd. The claimant alleged that he suffered various injuries and disability to the extent of 60 per cent and claimed compensation. Claim petition was contested by the driver on the ground that in fact no accident had taken place. As far as the owner is concerned, in his reply he has only stated that the vehicle was duly insured with National Insurance Co. Ltd. The insurance company in its reply took up the plea that the driver did not have a valid driving licence as such the insurance company was not liable.

(3.) The Tribunal on the basis of the evidence led before it held that the accident did take place. The driver of the truck Sher Singh was found to be negligent and it was held that the accident occurred due to his rash and negligent driving. The Tribunal further held that the claimant was entitled to compensation of Rs. 1,72,800. Lastly, the Tribunal held that the driver did not hold a valid and effective driving licence since the vehicle in question was a medium goods vehicle and driver had a licence only to drive a light motor vehicle. It directed that the insurance company should deposit the amount of compensation in the first instance and would be entitled to recover the same from the owner.