NEW INDIA ASSURANCE CO LTD Vs. VIKASH SHARMA

JUDGEMENT

(1.) - The insurer of the bus No. HP 37-3882 is in appeal against the award dated 1. 2. 2001, passed by the learned Motor Accidents Claims Tribunal, hamirpur in M. A. C. Case No. 71 of 1998, awarding Rs. 95,000 compensation to the respondent No. 1, which has been made payable by the appellant insurer of the bus.

(2.) THE brief facts of the case are that on 26. 9. 1996, the respondent No. 1 boarded bus bearing registration No. HP 37-3882 owned by respondent No. 2 and insured with the appellant. The respondent No. 3 was driving the bus in a rash and negligent manner and, therefore, at place Galma, he rammed the bus with other vehicle and in the accident respondent No. 1 sustained injuries and fractured his right arm. The respondent No. 1 was taken to Primary health Centre, Bahl and then to hospital at Mandi and ultimately to P. G. I. , Chandigarh. On these facts, respondent No. 1 filed claim petition against the respondent Nos. 2, 3 and appellant, claiming Rs. 4,00,000 as compensation along with 12 per cent interest.

(3.) THE petition was contested by respondent Nos. 2 and 3 by filing joint reply. They denied the accident, dated 26. 9. 1996, involving bus No. HP 37-3882. The insurer of the bus filed separate reply and took the plea that respondent No. 3 was not holding a valid and effective driving licence on the date of accident and, therefore, insurer is not liable to indemnify the owner of the bus. The learned Tribunal framed the following issues: (1) Whether the petitioner suffered injuries on account of rash and negligent driving by the respondent No. 2, an employee of respondent No. 1, who caused this accident on 26. 9. 1996 at a place galma, Tehsil Bahl, District Mandi, HP while driving bus No. HP 37-3882? If so, its effect? OPP (2) Whether respondent No. 2 was not holding a valid driving licence at the time of accident, if so, its effect? OPR3 (3) If issue No. 1 is proved, to what amount the petitioner is entitled as compensation and from whom? OPP (4) Relief.