NATIONAL INSURANCE CO LTD Vs. SITU DEVI

JUDGEMENT

(1.) THE aforesaid two appeals are being disposed of by one judgment since they arise out of the same accident and identical questions of fact and law are involved in the cases.

(2.) BRIEFLY stated the facts of the case are that on 16. 3. 1998 one Roop Lal was driving the scooter No. PB 04-A 8085. Chaman Lal was sitting on the pillion of the scooter. When the scooter reached near sard Nala (Barmana), a jeep bearing No. HP 02-3847 came from the opposite side. A collision took place between the two vehicles. Roop Lal suffered injuries in the accident. He was thereafter shifted to the a. C. C. Hospital at Barmana and then to p. G. I. , Chandigarh, but unfortunately he succumbed to his injuries on 28. 3. 1998. Claim Petition No. 147 of 1998 was filed by the dependants, i. e. , widow, two minor children and mother of Roop Lal, out of which F. A. O. No. 284 of 2005 arises and claim Petition No. 146 of 1998 out of which F. A. O. No. 285 of 2005 arises was filed by Babu Ram, owner of the scooter, claiming damages caused to his scooter. The jeep (taxi) bearing No. HP 02-3847 was insured with National Insurance Co. Ltd. Tribunal awarded Rs. 4,68,000 to the heirs of Roop Lal and awarded Rs. 17,685 in favour of Babu Ram, owner of scooter. Aggrieved by the said awards the insurance company has filed these two appeals.

(3.) IT is not necessary to give detailed facts of the cases since the only point raised by the insurance company in these appeals is that it could not have been held liable to satisfy the award since the driver of the taxi Pawan Kumar did not possess valid and effective licence on the date of accident.