ORIENTAL INSURANCE CO LTD Vs. DARSHAN DEVI

JUDGEMENT

(1.) RAJ Kumar, a painter by profession, died in vehicular accident, on 11.11.2001. He was 30 years of age. A claim petition was filed, wherein an amount of Rs. 30,00,000 was claimed as compensation, besides present appel- lant, driver and owner were impleaded as respondents in the claim petition. It was alleged that one Kaka Ram, driver, was driving bus bearing registration No. JKS 7637 negligently, which resulted in death of RAJ Kumar. Appellant insurance com- pany filed objections to the claim petition, wherein it took a specific plea that as the driver was not holding a valid and effective driving licence, there being a breach of insurance policy, the insurance company was not liable to indemnify insured, in the event it was held that RAJ Kumar died because of negligent driving of driver.

(2.) THREE issues were framed which are reproduced as under:

(3.) THE respondent Nos. 5 and 6 have been served but despite service they have chosen not to appear. THEy are proceeded ex parte.