NATIONAL INSURANCE COMPANY LTD Vs. BATUL

JUDGEMENT

(1.) This appeal is preferred by the appellant-National Insurance Company against the judgment and award dated 22/03/2007 passed by the Motor Accident Claims Tribunal, Alwar in claim case No. 157/2006 whereby the Motor Accidents Claim Tribunal partly allowed claim petition and passed an award of Rs. 2,77,800/-.

(2.) The background facts of the case in brief are that on 28/02/2006 at about 8 o clock, the deceased, Mahesh, was driving a Tampo bearing No. RJ-02-P-1859 from Sahapura to Alwar and suddenly a Tractor bearing No. RJ-25-R-686, which was being rashly and negligently driven by the Tractor driver, hit the Tempo. As a result of which, the deceased sustained multiple injuries and died on the spot.

(3.) The appellant-insurance company, in its reply, raised an objection that the deceased was not having a valid and effective driving license therefore, in such a situation insurance company is not liable with regard to this objection, the learned Tribunal framed the following issue:- <JUDIMG>1636976-1</JUDIMG>