UNITED INDIA INSURANCE CO LTD Vs. SHAKUNTALA SHARMA

JUDGEMENT

(1.) Since common question of law is involved in both the appeals filed by United India Insurance Co. Ltd. arising out of the award dated 4.10.2004, allowing the claim petitions filed by the claimants, therefore, they are being decided by this common judgment.

(2.) Briefly stated the facts of the case are that on 12.1.2004 at 7.30 a.m., deceased Krishna Kumar and injured Rafiq along with others were travelling in a jeep bearing No. RJ 05-C 1739 and as soon as the jeep reached near village Jaraila, the driver of the truck No. RJ 11-G 0683 dashed it against the jeep by driving the truck rashly and negligently, as a result of which Krishna Kumar died on the spot and Rafiq sustained serious injuries. The wife and daughter of Krishna Kumar and Rafiq himself filed claim petitions. The learned Tribunal vide impugned award decided both the claim petitions and awarded compensation.

(3.) The only legal ground to challenge the award urged by the learned counsel for the appellant is that at the time of accident the driver of the truck was not having valid and effective driving licence to drive the heavy goods vehicle and, therefore, the insurance company is not liable to pay the compensation.