ORIENTAL INSURANCE CO LTD Vs. SARTABI AND OTHERS

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 8.6.2011, made by the Motor Accident Claims Tribunal Kinnaur Civil Division, at Rampur Bushahr, in MAC Petition No. 66 of 2007, titled Smt. Sartabi and others versus Sh. Bal Raj and another, for short "the Tribunal", whereby compensation to the tune of Rs.5,00,200/- alongwith interest @7.5% came to be awarded in favour of the claimants and insurer was saddled with the liability with right of recovery from the owner/insured, hereinafter referred to as "the impugned award", for short.

(2.) Claimants and insured-cum-driver have not questioned the impugned award on any ground. Thus, it has attained the finality so far as it relates to them.

(3.) The learned counsel for the insurer at the outset argued that the claimant namely, Smt. Sartabi respondent No. 1 herein was the wife of Rama Nand and also the wife of deceased Maidub which is not legally permissible. She has no right, locus or cause to file claim petition and claim compensation. Learned counsel for the insurer has not questioned the locus standi of other two claimants, namely Pushap Lata and Hem Lata, respondents No. 2 and 3 herein, who are daughters of Maidub deceased. He also argued that the deceased was a gratuitous passenger, the driver was not having a valid and effective driving licence to drive the offending vehicle and the insured has committed willful breach. Thus, the insurer was not to be saddled with the liability.