ORIENTAL INSURANCE COMPANY LIMITED Vs. SAMYA

JUDGEMENT

(1.) This appeal arises out of judgment dtd. 16/7/2001 passed by the Motor Accident Claims Tribunal, Gulabpura, Camp at Shahpura, District Bhilwara (for short 'the tribunal') in Civil Misc. Case No. 123/2000 (C.M.38) by which the tribunal has held only the insurance company liable to make the payment of the compensation amount to the claimants. Being aggrieved by the judgment of the tribunal, the appellant insurance company has preferred the instant appeal.

(2.) In the present appeal, the question arises is whether on the basis of the facts of the case, can it be said that the driver of the offending vehicle was having valid driving licence?

(3.) The facts of the case are that on 19/9/1996 at about 2.15 p.m. when Suraj Karan @ Suraj Mal Mali was on his way to duty to the mill of his employer and reached near the Vivekanand School, he was hit by a speeding bus as a result of which he got injured. He was immediately taken to the hospital but he died within a short time. The legal heirs of the deceased filed an application for compensation under Sec. 140 and 166 of the Motor Vehicle Act, 1988 (for short 'the act'). The appellant insurance company filed the written statement with a specific plea that the driver was holding the licence for driving the H.G.V. (Heavy Goods Vehicle) only where as he was driving a bus which was a Heavy Passenger Vehicle.