NEW INDIA ASSURANCE COMPANY LTD Vs. SHRAFAT

JUDGEMENT

(1.) THIS appeal is directed against the award dated 18. 3. 1995 passed by Motor Accident Claims Tribunal, Bhilwara (hereinafter referred to as `the Tribunal') in Claim Case No. 906/1992, whereby the Tribunal awarded a sum of Rs. 24,000/- as compensation in favour of claimant-respondent No. 1 (hereinafter referred to as `the claimant') and against respondents No. 2 and 3, owner and driver of the vehicle and appellant- the New India Assurance Company Ltd. (hereinafter referred to as `the insurer' ). The appellant insurer was held liable to indemnify the insured owner of the vehicle. Being aggrieved by the award impugned, the appellant insurer has filed this appeal.

(2.) BRIEFLY stated facts of the case, which are necessary for decision of this appeal are that claimant Sharafat, aged about 5 years, sustained injuries due to an accident caused by truck No. RRE 3066 on 17 5. 1992, at about 5. 00 pm. , while he was walking by the side of the road. The said vehicle was driven rashly and negligently by its driver Rameshwar respondent No. 3, owned by Hazarilal respondent No. 2 and was insured with the appellant insurer on the relevant date. Due to the said accident, the claimant sustained crushed injuries on his right leg. The Tribunal on appreciation of the material placed before it, reached to the conclusion that the said accident was caused due to rash and negligent driving of the truck by its driver respondent No. 3, which resulted into injuries to the claimant. While deciding the issue of quantum of compensation, the Tribunal determined and awarded a sum of Re. 24,000/- as compensation in favour of the claimant. While deciding issue No. 2, the Tribunal held that the insurer is liable for payment of compensation.

(3.) THE burden to prove this issue is on the appellant insurer. THE appellant insurer produced NAW-1, Chandmal. He was appointed by the appellant insurer to investigate the matter from the office of District Transport Officer, Bhilwara, (for short "d. T. O. ") about the driving licence of the driver of the said vehicle. He produced a certificate issued by D. T. O. Exhibit A-2 and Enquiry Report, Exhibit,a-3. He stated that from the Enquiry Report, it was revealed that the driving licence stands In the name of Rameshwarlal, which was issued on 19. 5. 92 by the D. T. O. for light motor vehicles.