THE ORIENTAL INSURANCE CO. LTD. Vs. PARMANAND

JUDGEMENT

(1.) Disputing its liability to make payment of the amount of compensation as awarded by the learned Tribunal on the ground that admittedly the driver of the offending vehicle was not having a valid and effective driving licence at the time of the accident, the appellant-Insurance Company has filed this Civil Misc. Appeal under Section 173 of the Motor Vehicle Act, 1988 (hereinafter to be referred as "the Act") against the judgment and award dated 12.8.1997 passed by the Motor Accident Claims Tribunal (District Judge) Kota in Motor Accident Claim Case No.275/1993. The learned Tribunal has awarded Rs.75,000/- alongwith interest @ 12% per annum as compensation to the respondent-claimants on account of death of Shri Jagdish, aged eight years, who was son of the claimants.

(2.) Brief relevant facts for the disposal of this appeal are that the claimant-respondents No.1 and 2, who are parents of deceased-Shri Jagdish, filed a claim petition under Section 166 of the Act on 24.2.1993 before the learned Tribunal with the averment that on 14.12.1992 at about 11.00 a.m. when deceased-Shri Jagdish alongwith his mother (the claimant-respondent-Smt.Janki Bai) was going on foot, a vehicle Jeep bearing registration No.RST-5651 being driven by its driver with negligence and rashness hit the deceased resulting fatal injuries to him. The respondent-claimants claimed Rs. 2,69,500/- as compensation. The appellant-Insurance Company filed written statement and apart from others, pleaded that at the time of the said accident the driver of the vehicle involved in the accident was not having a valid and effective driving licence and, therefore, the Insurance Company is not liable to pay the compensation. It was further pleaded that the owner insured of the vehicle involved in the accident violated the terms and conditions of the insurance policy issued in his favour as he allowed the vehicle to be driven by a person having no valid and effective driving license.

(3.) On the basis of pleadings of the parties, necessary issues were framed and for the purpose of disposal of this appeal, issue No.4 is relevant which is as below:-