ORIENTAL INSURANCE CO LTD. Vs. KANARAM

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and award dated 29/07/2000 passed by Motor Accident Claims Tribunal, Balotra (District and Sessions Judge, Balotra, District Barmer) in Civil Misc. (Claim) Case No. 5/1998. Vide judgment dated 29/07/2000, the claim petition of the claimants was decided and an amount of Rs. 2,10,000/- was awarded to the claimants on account of the death of Smt. Nenu Devi. Learned Tribunal after framing the issues, evaluating the evidence brought on record and hearing learned counsel for the parties, decided the claim petition of the claimants as stated hereinabove.

(2.) Heard.

(3.) Shri UCS Singhvi, learned counsel for the appellant/Insurance Company has attacked the finding of the Tribunal recorded on issue No.3. Learned counsel submits that the Tribunal erred while recording the finding on issue No.3 as the liability has been fastened on the Insurance Company only on the ground that the Insurance Company could not discharge its burden to prove the fact that at the time of the accident, the driver of the bus was holding a requisite licence or not. Learned counsel submits that it was discussed in detail that the police after investigation has filed charge sheet under Section 3/181 of the Motor Vehicles Act, 1988 against the driver showing the fact that at the time of accident, the driver was not holding the requisite driving licence for driving the bus. He further submits that the owner of the bus was already charge-sheeted under Section 5/180 of the Motor Vehicles Act and, therefore, this clearly goes to show that the driver of the bus Prem Singh was not authorized to drive the bus at the time of accident. In these circumstances, learned Tribunal was not correct in holding the Insurance Company responsible for paying the compensation. He further submits that there was gross violation of the Insurance Policy as the bus was being driven by a person who was not holding the valid driving licence to drive the bus. Therefore, the Insurance Company cannot be burdened with the liability to pay the compensation in this case.