NEW INDIA ASSURANCE COMPANY Vs. SHAKUNTLA DEVI

JUDGEMENT

(1.) This letter patent appeal assails the judgment of learned single Judge in C.I.M.A. No. 16/94, dated April 28, 1995 whereby the appeal preferred by New India Assurance Company (hereafter the 'appellant') has been dismissed.

(2.) On March 2, 1993 at 5.00 a.m., truck bearing registration No. JKO 28-7093 turned turtle with the result that labourer Raj Pal, travelling in the truck, died on the spot leaving behind his widow and three minor children. Claim petition was filed before the Motor Accident Claims Tribunal (hereafter shortly 'Tribunal'), Jammu claiming compensation of rupees ten lacs from the respondents alleging that the accident was the result of rash and negligent driving by driver Joginder Singh. The respondents have admitted the accident but the allegation that the accident was attributable to the rash and negligentdriving, has been denied. It has been stated that the accident took place due to sudden application of brakes for saving a buffalo which came in front of it. The appellant has admitted that the vehicle was insured with it on the date of accident but liability to pay the compensation for the death of the deceased has been denied.

(3.) On the pleadings of the parties, the Tribunal framed the following issues:"1. Whether the death of the deceased Raj Pal had occurred by use of the offending vehicle No. JK02B-7093 driven rashly and negligently by respondent 1 on 2-2-1993? OPP2. In case issue No. 1 is proved what is the extent of compensation payable to the petitioners and by whom? OPP3 Whether he Insurance Company is not liable to indemnify the insured as the offending vehicle was driven without a valid driving licence?4. Whether the deceased as labourer is not covered under the insurance policy, if so, what is its effect on the liability of the insurer to indemnify the insured? OPR-3.5 Relief."3A. The parties went to trial. The Tribunal found that the accident was the result of negligent driving of the offending vehicle by its driver. Consequently, compensation of Rs. 2,88 lac was awarded to the widow, and three minor children with interest at the rate of 12% per annum, by application of multiplier of sixteen and fixing the age of the deceased at 30 years. The appellant could not prove the issues, onus of which was on it, with the result that these issues have been decided against it.