RELIANCE GENERAL INSURANCE CO.LTD. Vs. NEERAJ

JUDGEMENT

(1.) THIS order shall also govern the disposal of M.A. Nos. 2278, 2279 and 2281 of 2012 which are the appeals filed by the insurance company and also M.A. Nos. 2247, 2250 and 2251 of 2012 which are the appeals filed by the claimants as in all the appeals the accident is one and also the award is one dated 31.8.2012 passed by the Tenth M.A.C.T., Indore in different -different claim cases. In all the appeals parties are one and the same except the claimants.

(2.) SHORT facts of the case are that all the claim petitions were filed before the learned Tribunal alleging that on 21.11.2009 claimants were travelling in Tavera car bearing registration No. MP 09 -V 9459 and were going towards Indore. It was alleged that because of rash and negligent driving of respondent No. 3 accident occurred in which respondent No. 1 in all the appeals sustained injuries. It was prayed that the claim petition be allowed and compensation be awarded. Claim petitions were contested by the appellant on various grounds including on the ground that the respondent No. 3 was not possessing valid driving licence. It was prayed that claim petition be dismissed so far as it relates to the appellant. After framing of issues and recording of evidence learned Tribunal allowed the claim petitions and awarded the compensation holding appellant insurance company liable for payment of compensation against which all the appeals have been filed.

(3.) MR . Pradeep Gupta, learned counsel for the appellant, submits that respondent No. 3 was not possessing valid driving licence. Appellant adduced the evidence to prove the fact that respondent No. 3 was not possessing valid driving licence. The learned counsel submits that since the endorsement in the register of Licensing Authority, Dhar, was torn off, therefore, the appellant could not produce the evidence in that regard. It is submitted that the respondent Nos. 2 and 3 deliberately remained ex parte before the learned Tribunal. It is submitted that in the facts and circumstances, the appeal filed by the appellant be allowed and at least right of recovery be given to the appellant. So far as amount of compensation is concerned, learned counsel for the appellant submits that the amount awarded is already on the higher side, which requires no further enhancement. Learned counsel submits that appeal filed by the appellant be allowed and appellant be exonerated and appeal filed by respondent No. 1 be dismissed.