NATIONAL INSURANCE CO LTD Vs. BIMLA DEVI

JUDGEMENT

(1.) An accident took place on 9,6.1996 between jeep bearing registration No. PL 5C-A 8789 and truck bearing registration No. HR-39 0121, As a result of the aforesaid accident, RoshanLal a passenger travelling in the jeep died. The dependants of the deceased RoshanLal filed the present claim petition.

(2.) Learned Tribunal on the basis of the material available on the record found that both the drivers of the vehicles, namely, jeep as well as the truck were jointly negligent. Consequently, the claimants were held entitled to compensation, which was assessed at Rs, 4,03,200. A plea was raised by National Insurance Co. Ltd. that the driver of the truck which was insured with the company was not possessing a valid driving licence. However, the aforesaid plea was rejected by the learned Tribunal and it was held that although the original licence was not valid but the same had ben renewed, National Insurance Co. Ltd. has filed the present appeal.

(3.) Two arguments have been raised by Mr. L.M. Suri, the learned senior counsel appearing for National Insurance Co. Ltd. Firstly, it has been argued that the driver of the offending truck was not possessing a valid driving licence and, therefore, the company appellant was not liable to pay any compensation to claimants. Secondly, it has been argued that, in any case, once both the drivers of the vehicles involved in the accident, i.e., the truck as well as jeep had been found to be negligent, then the liability for payment of compensation should have been apportioned between National Insurance Co. Ltd., the insurer of the offending truck and Oriental Insurance Co. Ltd., the insurer of the offending jeep in equal shares. In support of the aforesaid contention, the learned counsel relied upon the case of Narinderpal Singh v. Punjab State, 1989 ACJ 708 (P&H).