ORIENTAL INSURANCE COMPANY LTD Vs. SABITA ACHARYA

JUDGEMENT

(1.) HEARD Mr, D.C. Ghosh , learned counsel for the appellant - Insurance Company and Mr. M.K. Dey, learned counsel appearing for the respondent -owner of the vehicle and with their consent this appeal is disposed of at the admission stage itself.

(2.) THE appellant -Insurance Company has assailed the impugned judgment and award passed by Motor Vehicles Accident Claims Tribunal , Seraikella in Compensation Case No. 8/2006 whereby the Tribunal has held that the appellant -Insurance Company shall pay the compensation amount and recover the same from the owner of the vehicle.

(3.) NOTICES were issued to both the owner and the insurer of the Bus but in spite of service of notice the owner of the vehicle neither appeared nor filed any written statement. The appellant - Insurance Company took a specific defence that the driver of the Bus was not holding valid driving license and, therefore, the Insurance Company is not liable to pay any amount. In support of that the appellant -Insurance Company examined one Sarve Kumar Mishra as OPW I who deposed that during investigation he searched the driving license of the driver but it transpired to him that no driving license was issued in the name of the driver.