SHIV KUMAR SHARMA, J. - (1.) QUESTIONING the findings dated 27.4.2000 of Motor Accidents Claims Tribunal, Beawar, the appellant insurance company canvassed that as the driver of the offending vehicle did not have a valid driving licence, the appellant insurance company ought to have been absolved from liability by the learned Tribunal in respect of the claim for compensation.
(2.) CONTEXTUAL facts depict that on account of accident caused by Bija Ram, the driver of jeep No. RJ 22 -0738 on 9.7.1996, claimant -respondent Nidhi Toshniwal sustained fractures on both of her legs and left hand. She instituted claim petition against Bija Ram, the driver, Nazma, the vehicle owner and United India Insurance Co. Ltd., the appellant. Bija Ram and Nazma did not appear before the Tribunal and proceeded exparte. The appellant insurance company submitted written statement. As many as five issues were framed. On behalf of the claimant Laxmi Narain PW 1 was examined whereas the appellant insurance company produced Pukh Raj Hingar, DW 1. Learned Tribunal vide impugned judgment awarded Rs. 1,25,000 along with interest as compensation to claimant -respondent. According to Mr. Alok Sharma, the learned Counsel the appellant company deserves to be absolved from liability to pay compensation on the following grounds: (i) Driver was not having valid driving licence at the time of accident. (ii) The appellant insurance company discharged its burden by examining Pukh Raj Hingar DW 1 who specifically stated that driver had only learner licence and in view of non -appearance of driver and vehicle owner adverse inference ought to have been drawn. Reliance was placed on New India Assurance Co. Ltd. v. Mandar Madhav Tambe 1996 ACJ 253 (SC) and United India Insurance Co. Ltd. v. Gian Chand 1997 ACJ 1065 (SC).
(3.) MR . J.P. Gupta, learned Counsel for the claimant, on the other hand, supported the impugned award and placed reliance on New Asiatic Insurance Co. Ltd. v. Pessumal Dhanamal Aswani 1958 -65 ACJ 559 (SC) and Rukmani v. New India Assurance Co. Ltd. 1999 ACJ 171 (SC).;