ISHWAR LAL CHAUDHARY Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) ISHWAR Lal Chaudhary subsequent purchaser of motor cycle and Sajjan Singh who was driving the motor cycle at the time of accident have filed the present appeal against the award dated 11. 10. 1993, passed by the learned motor Accidents Claims Tribunal-II, Solan, Camp at Nalagarh in M. A. C. Petition no. 16-NL/2 of 1990/1989 awarding a sum of Rs. 65,000 along with interest at the rate of 12 per cent per annum from the date of petition to claimants Bali Mohd. and Sairan parents of deceased Suleman. The liability of the appellants has been held to be joint and several and the insurer has been exonerated from the liability to pay compensation.

(2.) THE facts in brief are that Suleman aged about 19 years who was riding on a bicycle on 17. 4. 1989 was hit by motor cycle bearing registration No. CHN 7437 at about 7 a. m. opposite Hypine Carbon factory near Nalagarh. Suleman sustained multiple injuries including a head injury, he was brought to Nalagarh Hospital where he succumbed to his injuries. Bali Mohd. and Sairan, parents of the deceased, filed claim petition under section 110-A of the motor Vehicles Act, 1939 (for short 'the act') claiming Rs. 2,00,000 compensation along with interest. It was alleged that the motor cycle at the time of accident was registered in the name of Arvind Kumar who sold it to Tilak Raj Kakkar and the latter sold the same to Ishwar Lal Chaudhary. At the time of accident the motor cycle was being driven rashly and negligently by sajjan Singh. National Insurance Co. Ltd. is the insurer of the motor cycle.

(3.) ARVIND Kumar, the registered owner of the motor cycle, in his written reply has pleaded that he sold the motor cycle to tilak Raj Kakkar and according to his information Tilak Raj Kakkar had further sold the motor cycle to Ishwar Lal Chaudhary, therefore, Arvind Kumar denied his liability to pay any compensation. Ishwar lal Chaudhary and Sajjan Singh denied that the accident took place due to rash and negligent driving of Sajjan Singh. Their case is that a truck came from behind and hit both motor cycle as well as bicycle on which deceased Suleman was riding which caused fatal injuries to the cyclist as well as multiple injuries to Sajjan Singh. They pleaded that motor cycle was insured with national Insurance Co. Ltd. vide insurance certificate and policy dated 14. 4. 1989. According to insurance company the insurance became effective from 19. 4. 1989. It has also been pleaded that the insurance of the motor cycle was in the name of Arvind kumar who was not the owner of the motor cycle at the time of accident, therefore, insurance company is not liable to indemnify Ishwar Lal Chaudhary, who was the owner of the motor cycle at the time of the accident. The insurance company also took objection of validity of registration certificate of the motor cycle at the time of the accident as well as that Sajjan Singh was not possessing a valid driving licence. The insurance company has also taken the plea of collusion between the claimants on one side and Arvind Kumar, Ishwar Lal chaudhary, Sajjan Singh on the other side. In these circumstances, insurance company had denied the liability to pay the compensation. The learned Tribunal has framed the following issues: