NEW INDIA ASSURANCE CO LTD Vs. MUMTAJ

JUDGEMENT

(1.) The appellant insurance company seeks to challenge the award dated 9.12.1998 of the Motor Accidents Claims. Tribunal, Dausa, whereby compensation in the sum of Rs. 3,03,000 was awarded to the claimants-respondents in Claim Petition No. 221 of 1996.

(2.) The claim petition was instituted by the husband and three minor children of deceased Kamrunisha who died on 17.4.96 in an accident while travelling in jeep No. RJC 602 from Ajmer to her village. The appellant insurance company in its written statement pleaded that it was the duty of the claimants to prove that the driver of the jeep at the time of accident was having valid driving licence. It was also averred that the owners of the jeep used it in violation of conditions of the insurance policy by allowing passengers to travel in it. The Tribunal framed issue No. 3 on the basis of objections raised by the appellant company.

(3.) Mr. Tripurari Sharma, learned counsel appearing for the appellant canvassed that owners of the jeep did not step in the witness-box to prove that the driver of the jeep was having valid driving licence and the jeep was used strictly in accordance with the insurance policy, therefore, adverse inference ought to have been drawn against them to the effect that driver was not having valid driving licence and jeep was used in violation of insurance policy. Reliance was placed on United India Insurance Co. Ltd. v. Gian Chand, 1997 ACJ 1065 (SC); Krishna Gupta v. Madan Lal, 1996 ACJ 165 (Delhi); Rashbihari Prasad v. Parbati Kedia, 1994 ACJ 532 (Gauhati) and Chacko P.M. v. Rosamma Antony, 1991 ACJ 597 (Kerala).