UNITED INDIA INSURANCE COMPANY LTD. Vs. GHISI DEVI

JUDGEMENT

(1.) HEARD Learned Counsel for the parties. This appeal by the United India Insurance Company Ltd. is directed against an order passed by the learned Motor Accidents Claims Tribunal, Jaipur dated 19.4.1986. The Tribunal has awarded an amount of Rs. 15,000/ - to the claimants under Section 92 -A of the Motor Vehicles Act, 1939. Mr. Srivastava, Learned Counsel for the Appellant, has contended that the accident in the present case took place on 2.12.1984 and at that time the driver of the tractor had no licence. It has been submitted that the driver got the licence on 2.3.1985 and in these circumstances the insurance company was not liable to pay any compensation for the accident which took place on 2.12.1984.

(2.) ON the other hand, Mr. Bardar, Learned Counsel for the claimants, submitted that the compensation of Rs. 15,000/ - is allowed on the basis of no fault liability under Section 92 -A of the Act. It has been further submitted that the Tribunal cannot make any enquiry with regard to the merits of the liability at this stage and cannot make any enquiry in the defences available to the insurance company in the main case. Reliance in support of the above contention is placed on New India Assurance Company Ltd. v. Minguel Lourenco Correia : 1986 ACJ 646 (Bombay), New India Assurance Company Ltd. v. Member, Motor Accidents Claims Tribunal : 1988 ACJ 612 (Gauhati) and National Insurance Company Ltd. v. Surjit Singh : 1988 ACJ 1122 (J and K).

(3.) IN the result, I find no force in this appeal and it is accordingly dismissed with costs.