NATIONAL INS.CO. Vs. BIDHI CHAND

JUDGEMENT

(1.) Appellant has challenged the Award dated 4.3.1995 passed by learned Motor Accident Claims Tribunal, Shimla in M.A.C. Petition No.8 -S/2 of 1991. By means of impugned award compensation in the sum of Rs. 1, 58,302.00 has been awarded against the appellant -Insurance company. This amount has been held to be inclusive of amount if any deposited or paid under no fault liability. This amount has also been made payable with 12% interest on the date of petition i.e. 4.3.1995 till realisation.

(2.) Facts giving rise to this appeal need to be briefly referred to. A claim petition was filed under Section 166 of the Motor Vehicles Act, 1988 by respondent No.l Bidhi Chand. As according o him he sustained injuries while working as Cleaner/conductor on truck bearing registration No.HPN -358. On 5.9.1990 around 4.15 P.M. this truck was on its way from Chopal to Nerwa. Because of rash and negligent driving on the part of the driver, it rolled down the khud near Tikker Nala (Chopal). He sustained injuries as a result of which he was permanently disabled to the extent of 40%, thus compensation in the sum of Rs.3,50,000/ - was claimed. Respondent driver admitted the factum of accident as also respondent No.l Bidhi Chand being employed as a conductor on truck No.HPN -358 at the time of accident. Cause of accident was set up as sudden mechanical defect in the vehicle. Liability was denied being excessive. The further pleaded that monthly wages of Bidhi Chand was Rs.800/ -.

(3.) Appellant -Insurance Company besides disputing the liability on other grounds raised preliminary objection No.l wherein it was specifically pleaded that the driver was not holding a valid driving licence, as such it is not liable to pay any compensation. This reply was filed on 3.5.1992.