NEW INDIA ASSURANCE CO LTD Vs. JYOTILAL MAHATO

JUDGEMENT

(1.) Jyotilal Mahato, son of Jagarnath Mahato, resident of Saraidhela, Mahato Colony, Dhanbad sustained injuries in a motor accident on 2.2.1995. On an application under section 166 of Motor Vehicles Act, 1988 (hereinafter to be referred to as 'the Act'), Title (M.V.) Suit No. 84 of 1995 was registered before the Motor Vehicles Claims Tribunal, Dhanbad. In the said proceeding the Claims Tribunal assessed total amount of Rs. 98,416 payable as compensation to him.

(2.) The insurer of the truck (UMU 4691) involved in the accident has filed the present appeal under section 173 of the Act, challenging direction of the Tribunal to the insurance company to indemnify owner's liability for payment of compensation.

(3.) According to the insurance company, the driver of the truck had a forged and fake driving licence and as such the insurance company was not liable to pay the compensation amount. This fact was neither pleaded nor supported by evidence by insurance company before the Tribunal.