- (1.) HEARD Sri B. K. Gupta, counsel for the appellant, Sri Lok Pal Singh, coun sel for the respondent no. 1 and Sri O. K. Sharma, for the respondent no. 6.
(2.) THIS is an insurer's appeal against the judgment and award dated 28-10-2002 passed by the Motor Accident Claims Tribunal, Haridwar. Briefly stated the respondent no. 1 Saeed Ahmad filed a claim petition under section 166 of the M. V. Act, for the grant of compensation on account of his sustaining injuries in a motor ve hicle accident. According to the claimant on 28-5-1998 he was travelling by Bus No. H. P. K. 2215 from Roorkee to Bahadrabad. At 2. 30 PM when the bus reached near village Shantershah, a truck No. DCIGA 5754, which was being driven by Manjeet Singh rashly and negligently due to which the truck collided with the bus and claimant sustained serious inju ries. He was rushed to hospital at Roorkee from where he was referred to Tripathi Nursing Home, Haridwar.
(3.) OPPOSITE parties Rambir Singh and Ashok Kumar who are bus driver and owner of the bus respectively, have filed their joint written statement and denied the claim of the claimant Saeed Ahmad. Respondent Oriental Insurance Company has admitted that the bus was insured with it but it was not responsi ble to pay compensation as the accident had taken place due to sole negligence of the truck driver. Appellant the National Insurance Company has filed the written state ment and alleged that at the time of accident the driver of the truck had no valid driving licence and as such the insurance company is not liable to pay compensation.;