ZORA SINGH Vs. DALIP KAUR

JUDGEMENT

(1.) THE short question which arises in this appeal, preferred by the owner of the ill-fated truck is whether the insurance company is liable for the compensation payable to the claimants.

(2.) THE brief undisputed facts on which the above question arises are: that Smt. Dalip Kaur, claimant, claimed that the deceased, Kesar Singh, had been killed on April 11, 1982, at 7. 15 a. m. on account of rash and negligent driving by Banta Singh of truck No. PBP 6313 owned by Zora Singh.

(3.) THE Tribunal found that only Zora Singh and Banta Singh were liable to pay compensation to the claimant amounting to Rs. 29,000 for causing death by rash and negligent driving by Banta Singh, who had no driving licence on the date of accident. The insurance company was absolved from its liability solely on the ground of absence of a driving licence with Banta Singh. It was further found that Banta Singh was employed by Zora Singh as a labourer on the truck.