SANJAY KUMAR SARAF Vs. JITBAHAN MAHTO

JUDGEMENT

(1.) -THIS appeal by the owner of the vehicle is directed against the judgment and award dated 4. 10. 2005 passed by the Additional District Judge-cum-Motor Accidents Claims Tribunal, lohardaga in Compensation Case No. 50 of 1998 whereby he has awarded compensation of rs. 2,09,950 and directed the respondent insurance company to pay the said amount to the claimants and to recover the same from the appellant, the owner of the offending vehicle.

(2.) THE facts of the case lie in a narrow compass. Claimants who are the husband, sons and daughters of the deceased, filed application under section 166 of the Motor vehicles Act for grant of compensation for the death of Maina Devi. On the relevant date the deceased, Maina Devi boarded a truck bearing registration No. BR 14-G 9507 from Lohardaga to Chandwa. On the way, because of the negligent driving of the driver, the vehicle met with an accident and Maina Devi who was travelling on the said truck sustained grievous injury to her person and she died at the spot.

(3.) THE appellant who is the owner of the vehicle contested the claim on the ground that the vehicle was insured with the respondent insurance company and, therefore, it is the risk of the respondent insurance company to pay the compensation amount. The respondent insurance company, on the other hand contested the claim contending, inter alia, that the insurance company is not liable to pay the compensation on the ground of violation of the conditions of insurance policy. Various other defences have also been taken by the insurance company. It was further contended by the insurance company that the driver of the offending vehicle was not having valid driving licence and the same must be proved by the owner of vehicle.