AMARJEET CHAUDHARY, J. - (1.) THE Motor Accidents Claims Tribunal, Gurgaon, on a claim petition field by Kailash Nath Bhatnagar, had awarded a sum of Rs. 16,000/- to him by way of compensation for the injuries sustained by him. The Tribunal had fastened the liability to pay compensation on the Insurance Company and the owner of the Truck.
(2.) THE appellant has challenged the award primarily on the ground that the liability to pay compensation has been wrongly fastened on the Insurance Company. The counsel has contended that Truck No. DHG-2022 was being driven by Bhim Singh who was merely a cleaner of the Truck in question. The truck was not being driven by a licensed person and as such no liability could be fastened on the Insurance Company. The counsel in support of his contention has relied upon Brij Lal Khera v. Raksha Devi, 1972 A. C. J. 69, wherein it is held that when a vehicle is driven by a person who is not duly licensed, Insurance Company is not liable to pay compensation. In New India Assurance Co. Ltd. v. Surinder Paul, (1990-1)97 P. L. R. 318, the Insurance Company pleaded that the driver had no driving licence as the same was not produced by the driver either at the time of filing of the written statement or at the time when his evidence was recorded or even at any subsequent stage and it was held that Insurance Company was not liable.
(3.) IN D. Narayanaswami v. Suresh Gupta and Ors. , 1990 A. C. J. 220, it was held that if the vehicle at the time of the accident was being driven by somebody other than the licensed driver, the Insurance Company was not liable to pay compensation.;