NEW INDIA ASSURANCE COMPANY LIMITED Vs. BHOO DEVI
LAWS(ALL)-2005-10-215
HIGH COURT OF ALLAHABAD
Decided on October 07,2005

NEW INDIA ASSURANCE COMPANY LIMITED Appellant
VERSUS
Bhoo Devi Respondents

JUDGEMENT

R.P.MISRA, J. - (1.) THIS first appeal from order has been filed, challenging the impugned award dated 14.7.2005 passed by the Motor Accident Claims Tribunal, Firozabad.
(2.) THE facts are that an accident took place on 14.2.1995 on account of rash and negligent driving of the truck No. HNP -7185 which was insured with the appellant. The accident resulted in the death of one Sarvesh Kumar. The dependants of the deceased namely father and mother filed a claim petition claiming compensation of Rs. 18,10,000 along with 18% interest. On the basis of oral evidence adduced by the parties, Tribunal recorded the finding that the accident took place on account of rash and negligent driving by the driver of the offending vehicle.
(3.) SINCE the owner of the offending vehicle failed to produced the driving licence of the driver of offending vehicle, the Tribunal held that the driver was not having a valid driving licence on the date of accident.;


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