DILIP SINGH Vs. DULARI

JUDGEMENT

(1.) This appeal at the instance of owner of the vehicle is directed against the judgment and award dated 16.1.2003 passed by Additional District Judge-cum-Motor Accidents Claims Tribunal, Sahebganj in Title Suit No.1 of 1998 whereby he awarded Rs.1,50,000 as compensation and directed the appellant owner of the vehicle to pay the said amount.

(2.) The facts of the case lie in a narrow compass. On 5.11.1997 the elder son of the respondent-claimant, Shambhu Chaudhary, while pulling his rickshaw on the main road was dashed by the truck bearing registration No. BHJ 7022. It was alleged that the said truck was driven rashly and negligently and as such the accident took place resulting in the death of the deceased. The appellant appeared and filed written statement stating, inter alia, that the vehicle was insured by a valid policy of insurance. However, National Insurance Co. Ltd. denied the fact that the truck was being driven rashly and negligently. The opposite party insurance company contested the case stating, inter alia, that on the relevant date of accident the driver driving the truck was not having a valid driving licence and also that the vehicle was not insured with the insurance company.

(3.) The Tribunal framed the following issues for consideration: (1) Is the case as framed maintainable? (2) Whether the deceased Shambhu Chaudhary died due to his own negligence or due to rash driving of the driver of the vehicle No.BHJ 7022? (3) Whether the driver had a valid driving licence? (4) Was truck No.BHJ 7022 insured on the date of the accident? (5) Is the claimant entitled to get compensation? If so, by whom and to what extent?