UNITED INDIA INSURANCE CO LTD Vs. PURAN MAL

JUDGEMENT

(1.) These appeals are directed against the judgment and award dated 9.5.2000 passed by the Motor Accident Claims Tribunal, Churu ('the Tribunal'), whereby for the injuries suffered by the claimants Puran Mal and Uda Ram, the Tribunal has awarded a sum of Rs. 11,525/- and Rs. 54,282/- respectively alongwith interest @ 12% p.a. from the date of application. Brief facts of the case may be noticed thus : an accident occurred on 5.10.1998 between mini-bus, insured with the appellant - Insurance Company and a truck, which resulted in the injuries suffered by the claimants.

(2.) An application for compensation was filed by the claimants. Several issues were raised by the Insurance Company including the fact that the driver of the mini-bus was not in possession of a valid and effective driving licence, inasmuch as, he was having a driving licence to drive Heavy Goods Vehicle and the vehicle in question was Light Transport Vehicle and therefore, on account of violation of policy conditions, the Insurance Company was not liable. The amount of compensation claimed by the claimants was also questioned.

(3.) The Tribunal, after evidence was led by the parties, came to the conclusion that the defence raised by the Insurance Company was not valid and awarded compensation as noticed hereinbefore.