BIMLA DEVI Vs. SONIKA SHARMA

JUDGEMENT

(1.) The instant appeal has been filed by the injured, Baldev Singh, who has expired during the pendency of this appeal. The legal representatives of late Shri Baldev Singh have been substituted in his place vide order dtd. 11/12/2014.

(2.) This appeal has been directed against the order dtd. 22/10/2008 passed by the Motor Accident Claims Tribunal, Udhampur ( for brevity, the Tribunal) in file No. 77/Claims, titled, Baldev Singh vs. Miss Sonika Sharma and others. Injured, Baldev Singh, predecessor-in-interest of the petitioners has been held to be entitled to a sum of Rs.2,85,000.00. The claim petition, which was filed by late Sh. Baldev Singh before the Tribunal was contested by respondent No. 3 only, whereas respondent Nos. 1 and 2 were proceeded ex parte by the Tribunal. On the basis of the pleadings of the parties, the Tribunal framed the following issues:-

(3.) Issue No. 1 was proved in favour of the injured-claimant and accordingly, he was found to be entitled compensation to the tune of Rs.2,85,000.00. So far as issue No. 3 is concerned, the Tribunal found that the driver of the offending vehicle, a heavy transport vehicle, was holding driving licence for driving only light motor vehicle. The Tribunal, therefore, held that since the owner of the vehicle, the insured, had handed over the offending vehicle to respondent No. 2- driver, who admittedly was not in possession of a driving licence authorizing him to drive a 'heavy motor vehicle', as such, he shall be deemed to have willfully violated the terms and conditions of the insurance policy. It is on that analogy, as well as, relying upon the various decisions of the Supreme Court, the Tribunal held that the insurance company was absolved of its liability to indemnify the owner and directed that the award shall be satisfied by the owner. It is this finding of the Tribunal on issue No. 3 the appellant is, in particular, aggrieved of.