ORIENTAL INSURANCE COMPANY Vs. REKHA DEVI AND OTHERS

JUDGEMENT

(1.) Instant appeal has been preferred by the appellant-Insurer against the award dated 23rd of September, 2008 passed by the Presiding Officer, Motor Accident Claims Tribunal, Kathua in File No. 43/C.P, titled "Rekha Devi and ors. Vs. Sher Singh and ors.".

(2.) The facts giving rise to filing of present appeal are that on 24 th day of May, 2003, deceased-Mohinder Paul was driving his Truck No. DLIGA-2797 and was going from Jammu to Delhi. When he reached near Kuthyal G.T Road, District Karnal, a rashly and negligently driven Truck No. HR-58/0045 by respondent No.1 in rash and negligent manner hit his Truck as a result of which, the Truck turned turtle and Mohinder Paul sustained multiple injuries due to that he died on spot. It is contended that the deceased, who was 30 years old at the time of accident, was a driver by profession and earning Rs. 5,500/- per month and his spouse along with other dependents have claimed compensation of Rs. 18,90,0000/- from the respondents. It is contended that in the said claim petition, the Insurance Company has refused to pay the compensation to the dependants of the deceased. It is projected in the claim petition that the offending vehicle was duly insured with the Insurance Company (appellant herein) and respondents Nos. 1 and 2 in the claim petiton (respondents No. 6 & 7 herein) are jointly liable to pay the compensation to the applicantsclaimants.

(3.) The main ground of challenge is that the Insurance Company is not liable to indemnify the insured as the vehicle was plied in contravention of the terms and conditions of the Insurance Policy and the driver was not holding an effective and valid license and the Tribunal has not appreciated this aspect of the matter. It is contention of the learned counsel for the appellant-Insurer that HGV endorsement has not been made in the license of the deceased, meaning thereby, the deceased driver was not having a valid and effective driving license.