LAXMINARAIN Vs. SONA DEVI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 15.12.2000 passed by learned Motor Accident Claims Tribunal, Churu (hereinafter referred to as 'the Tribunal') whereby the Tribunal awarded compensation of Rs. 39,000/ - in favour of respondent claimant Sona Devi (for short 'the claimant') and against appellant. However, respondent No. 2 National Insurance Company Limited (for short 'the Insurance Company') was exonerated from liability and claim against the Insurance Company was dismissed.

(2.) BRIEFLY stated facts to the extent they are relevant and necessary for decision of this appeal are that on 4.4.2000 at about 10.00 A.M. while the claimant was coming to her house from Tatiyon Ka Kuwa after selling items, she was hit by a tempo bearing No. RS -10 -1P -2721, which was driven and owned by the appellant Laxmi Narain. The said tempo was driven at a great speed, rashly and negligently by the appellant. Due to this accident, the claimant sustained injuries on right leg, left hand and on other part of her person. The injuries resulted in fracture of her right leg and left hand. She was admitted to Government Hospital, Sardarshahar for treatment. The claimant preferred a claim petition before the Tribunal claiming compensation of Rs. 5,11,000/ -. The said tempo was insured with respondent No. 2 the Insurance Company on the relevant date of the accident. The Insurance Company filed its written statement before the Tribunal, wherein it was averred that as per terms of the policy, the Insurance Company can be held liable for compensation if it is found that the said vehicle was driven by its driver having a valid, competent and effective driving licence at the time of the accident. On the pleading of the Insurance Company, the Tribunal framed issue No. 4, which reads as under: .........[vernacular ommited text]...........

(3.) I have gone through the pleadings of the parties and oral and documentary evidence produced by the parties. I have carefully gone through the statements of various witnesses.