BABU Vs. KAMLA DEVI

JUDGEMENT

(1.) THIS is an appeal under Section 110-D, Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act') against the award of the Motor Accident Claims Tribunal, Bikaner dated February 10, 1987 by which the claimant-respondent No. 2 has been granted compensation to the tune of Rs. 58,000/- with interest at the rate of 9% against the appellant No. 1 Babu (driver of the (vehicle) and the appellant No. 2 Yusuf Khan (owner of the vehicle ). The respondent No. 2 Oriental Fire & General Insurance Company has not held liable to pay the compansation. The facts of the case giving rise to this appeal may be summarised thus.

(2.) ON July 1, 1983, the claimant-respondent No. 1 borarded 3-wheeler taxi No. RSF 3049 on hire at Bikaner for going to Gangashahar. At that time, it was being driven by Babu (appellant No. 1) and was owned by his brother Yusuf Khan (appellant No. 2), It met with an accident near Hanumanji's temple Gangashahar. As a result thereof; the claimant-respondent No. 1 received injuries. She filed a claim petition before the Motor Accident Claims Tribunal, Bikaner against the appellants and the Insurance Company (respondent No. 2 ). The appellants filed their reply, seriously opposing the claim petition. The Insurance Company did not choose to file its reply. The claimant, owner and driver of the vehicle produesd their evidence. The Insurance Company did not produce any evidence. After hearing the parties, the learned Tribunal gave award as said above. The Insurance Company was not held liable on the ground that the driver Babu Khan was a minor at the time of the accident and he was not holding any driving licence.

(3.) CONSEQUENTLY, the appeal is allowed. The Oriental Fire & General Insurance Company Ltd. Bikaner (respondent No. 2) is also held liable to pay the compensation to the extent as provided in Section 95 of the Act. .