NEW INDIA ASSURANCE CO LTD Vs. RAJNI

JUDGEMENT

(1.) BY this common judgment two appeals can conveniently be disposed of together. Both the appeals are directed against the common award passed by the Motor Accidents Claims Tribunal, Barnala, dated 4. 9. 1996. By virtue of the impugned award the learned Tribunal had awarded a compensation of Rs. 5,76,000 along with interest at the rate of 12 per cent per annum from the date of the award till its realization to petitioner Rajni and others. The compensation was awarded even to Satish Kumar injured which is not in controversy before us. The learned Tribunal had directed that share of the minors be deposited in some nationalized bank and shall be kept in fixed deposit initially for a period of three years. It should be revived from time to time till the minors attain majority. It was further directed that the amount be deposited in the name of the minors through their guardian. The interest would accrue on the amount every year and shall be paid to the guardian for discharging obligation of the minor children. On attaining majority they are entitled to recover the amount. In the case of Sushma Rani Rs. 36,000 were to be paid to her and balance amount was to be deposited in a nationalised bank at Barnala. It was to be kept in a fixed deposit initially for a period of 3 years. It was to be revived from time to time during her lifetime. The interest which is to be accrued has to be paid to her. Since the claimants as well as the New India Assurance Co. Ltd. both have challenged the said award, both the F. A. O. Nos. 814 and 935 of 1997 can be disposed of together.

(2.) THE relevant facts are that Raj Kumar was coming on his motor cycle from Handiaya towards Barnala at about 11. 00 a. m. Satish Kumar was the pillion rider on his motor cycle. When they reached near Gurudwara Nanaksar situated at Handiaya Road, Barnala, one jeep bearing No. DHB 6126 came from the side of Handiaya at a high speed. The driver of the said jeep did not blow any horn and struck against the motor cycle. It caused injuries on the person of Satish Kumar. Raj Kumar succumbed to the injuries. Manjit Singh was the driver of the jeep which was owned by Jagdev Singh. The jeep was insured with the New India Assurance Co. Ltd.

(3.) THE petition was contested. The driver and owner of the jeep denied the accident. The issuance of the policy was not disputed. So far as insurance company is concerned, it had filed separate reply. A defence was taken that driver of the jeep did not have a valid driving licence. Consequently, the company was not liable to pay any compensation.