ORIENTAL INSURANCE CO. LTD. Vs. NETRAM

JUDGEMENT

(1.) Claimant petitioner Netram has filed a claim petition before the learned Motor Accident Claims Tribunal, Jaipur City, Jaipur from where it transferred to the learned Additional District (Fast Track) No.6, Jaipur City, Jaipur (for short "the ADJ") for disposal.

(2.) Brief facts of the appeal are that on 7.3.2004, when claimant respondent Netram was coming from Kukas to Shahpura in loading Tempo No.RJ-1 G-8872. At about 12:00 PM, the tempo was turned upside down driven by its driver rashly and negligent and as a result of which the claimant received injuries on his body. The claimant filed a claim petition for compensation of Rs.14,58,000/- from the non-applicants.

(3.) In reply, the Insurance Company stated that the vehicle in question was being driven by its owner for the purpose of passenger and the Insurance Company is not liable for the compensation as the driver did not have a valid license also. So, the Insurance Company is not liable to pay the compensation under Section 64 of the M.V. Act. The Insurance Company prayed to reject the claim application.