BINDA SINGH Vs. NARENDRA PAL SINGH

JUDGEMENT

(1.) Appellant is the owner of truck bearing registration No. BEW 8064. Respondent No. 5 was driver of the said vehicle. At the relevant time, the said vehicle was duly insured with New India Assurance Co. Ltd. The truck dashed the scooter bearing the registration No. BRT 5741 on which Manjeet Kaur along with her son was sitting as pillion rider and the scooter was being driven by her husband Narendra Pal Singh.

(2.) It was established that the accident took place on account of the truck being driven in a very high speed in rash and negligent manner. By impugned judgment and award dated 1.6.1994, passed in Compensation Case No. 75 of 1990, under section 166 of the Motor Vehicles Act, 1988, the Tribunal assessed a sum of Rs. 75,000 with interest at the rate of 12 per cent per annum payable to the claimants.

(3.) In para 8 of the impugned judgment, it was observed that according to the provision of section 149 (2) of the Act, no doubt the insurer was entitled to defend an action for compensation against it on the ground of any breach of statutory conditions, including the holding of valid licence by driver of the vehicle in question at the time of accident, but in the present case, in spite of challenge having been thrown to the owner by the insurer in its written statement, no care was taken either to produce the driving licence of driver of the truck or to adduce any other evidence to show that he did have any proper driving licence at the time of the accident. The Tribunal accordingly held that the insurer was not responsible to indemnify the liability of the owner of the vehicle and the amount of compensation be paid by owner of the truck in question to the claimants.