NATIONAL INSURANCE CO LTD Vs. DEBRAT KUMAR

JUDGEMENT

(1.) The only point which arises for consideration in this appeal is as to whether in view of the finding recorded by the Tribunal in the impugned judgment/order that the insurer was not liable to meet the claim of compensation, it was the owner of the vehicle, who was liable to pay the entire compensation to the claimants.

(2.) In the impugned award, the National Insurance Co. Ltd., Chamdoria Branch, Patna, has been directed to indemnify the claimants with the compensation amount of Rs. 1,77,140 on account of death of one B.B. Narain in the accident by the scooter owned by respondent No. 1 herein, which was being driven by respondent No. 2 at the time of accident.

(3.) It is not in dispute that respondent No. 2 was driving the scooter in question at the time of accident with the permission of its owner, respondent No. 1. Respondent No. 2 had no driving licence under the Act. This fact was known to the respondent No. 1.