NEW INDIA ASSURANCE CO LTD Vs. IQUBAL

JUDGEMENT

(1.) This appeal is directed by the non-applicant insurance company against the award dated 24.2.97 passed by IIIrd Additional Motor Accidents Claims Tribunal, Ujjain, in Claim Case No. 67 of 1995 whereby respondentsclaimants were awarded compensation of Rs. 2,95,000.

(2.) The claimants' case, in brief, was that the deceased Peerulal, aged about 25 years, husband of respondent No. 3 and father of respondent Nos. 4 to 7, was employed as khallasi in railway department on the salary of Rs. 2,000 per month. On 9.5.1994 at 1 a.m. in the night, he was coming on his scooter M-80, No. HKM 4448 from Ujjain towards Mohanpura. When he came in front of Rojwan Dhaba, Taj bus No. CPU 424, belonging to respondent No. 2, insured with appellant, came from opposite direction being driven rashly and negligently by respondent-non-applicant No. 1 and dashed against him, as a result of which Peerulal sustained injuries and died. The claimants have filed claim petition seeking compensation of Rs. 9,20,000. The appellant and respondent Nos. 1 and 2 resisted the claim. The appellant, inter alia, averred that the deceased was driving his scooter rashly and negligently and was responsible for the accident. The respondent-non-applicant No. 1 had no valid licence, therefore, the appellant was not liable to pay compensation. The Tribunal held that the accident occurred due to rash and negligent driving of the bus No. CPU 424 by respondent No. 1 and allowed compensation as stated above.

(3.) Mr. Swami, learned counsel for the appellant, submitted that from the letter of R.T.O., Exh. D-4, it is clear that the licence of respondent No. 1 was bogus and, therefore, the appellant was not liable to pay compensation. The respondents remained unrepresented.