CHHAJU Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) THE present Misc. Appeal has been preferred by the registered owners of the vehicle Tractor No. RJ-02/0138 challenging the award dated 5. 5. 99 passed by Motor Accident Claims Tribunal, Behror District Alwar in MACT case No. 138/93 whereby the claimants have been awarded the compensation of Rs. 1,75,000/- on account of death of Mulla Ram in the accident occurred on 23. 2. 93 and only the owners of the tractor were held liable to pay the compensation and the Insurance Company was exonerated.

(2.) LEARNED counsel for the appellant submits that as a matter of fact they had sold the tractor to respondent No. 2 Prabhat before the accident and the said Prabhat had employed respondent No. 3 Suresh Chand as driver of the tractor, who was not holding valid licence or the tractor was carrying passengers. The Tribunal had exonerated the Insurance company on the ground that the driver of the tractor was not holding valid licence.

(3.) TO the similar fact is the judgment of Himachal Pradesh High Court in case of Sukh Dev vs. Bhagwati Devi and others (3), wherein the judgment in case of Skandia Insurance Co. Ltd. vs. Kokilaben Chandravadan (4), has been relied upon.