ORIENTAL INSURANCE CO AND OTHERS Vs. SHAH MOHD

JUDGEMENT

(1.) This is a joint appeal preferred by the Oriental Insurance Company (insurer), M/s. Rajasthan Bombay Transport Private Limited (insured), and Mahabeer Singh (driver) of the truck, RSG 768 which struck scooter RSB 6230 driven by the claimant, Sail Mohd. (respondent) on 23.4.1987 in an accident took place at 10.15 O'clock in the night at the Funeral Road, near Central Jail boundary and Ghat Gate, Jaipur. In the accident the respondent had been admitted as an Indoor Patient in Neuro surgery unit of Bangur Memorial Research Centre, in SMS Hospital, Jaipur from 23.4.1987 to 6.5.1987 during which he was unconscious for three days and he sustained fracture of parietal bone in the skull so also fracture of right clavicle bone in the neck.

(2.) In all, the claimant claimed compensation for Rs. 4,37,900/- under various heads.

(3.) Both, the owner and driver of the truck presented a joint written statement. The insurance company filed written statement raising objections inter-alia that, the truck driver had not been negligent rather the claimant was responsible for the cause of the incident having been negligent in driving the scooter; and that the information of the impugned incident had not been given by the owner of the truck to the insurance company and further because, the truck driver had no valid driving license so, the insurance company should not be held responsible for any compensation.