NATIONAL INSURANCE COMPANY LIMITED Vs. PREMLATA DEVI

JUDGEMENT

(1.) THIS Miscellaneous Appeal has been preferred against the judgment dated 27.4.2001 and the Award dated 1.5.2001 passed by Sri Baikunth Nath Shahi, 3rd Additional District. Judge -cum - Motor Accident Claims Tribunal, in M.V. Claim No. 36/99/100/2000 whereby he has been pleased to award compensation to the claimant -respondent to the tune of rupees fifty thousand with interest @ 12% per annum and directed the appellant -Insurance Company to pay the entire compensation amount.

(2.) FROM perusal of the lower court 'srecord, it appears that this claim case was filed for grant of compensation for the death of a minor girl aged about ten years who died in a road accident on 17.12.1998 at about 9.00 A.M. near Koriya Chauk, Begusarai, while she was waiting for her school bus. The vehicle which was involved in the accident had registration No. BR -1P 8645. Further allegation was that the driver of the said vehicle was driving the vehicle rashly and negligently, as a result of which, the accident occurred in which the girl Guriya died. It is said that the vehicle was insured under the appellant -Insurance Company.

(3.) IT has been argued by the learned Advocate of the appellant that the said finding of the tribunal is erroneous in view of the fact that the Insurance Company had brought on record the report of the D.T.O., Gwalior, which showed that the driving licence produced in connection with this case was fake one. He submitted that the said report has been marked as Exhibit -B. He submitted that since Exhibit -B establishes beyond doubt that the driver, who was driving the vehicle which caused accident, had fake licence and, therefore, the learned Tribunal should have held that the owner of the bus had violated the terms and conditions of the policy and so, the Insurance Company was not liable to pay compensation. To support his argument, the learned Advocate of the appellant has placed reliance upon the decision reported in (1997)7 SCC page 558 (United India Insurance Co. Ltd. V/s.Gian Chand and Others).