- (1.) THIS appeal is directed against the award dated 05.08.1999 passed by the Motor Accident Claims Tribunal, Pali, ('the Tribunal'), whereby, the claimants have been awarded a sum of Rs.5,00,000/- alongwith interest @ 12% per annum for the death of one Bhanwar Lal.
(2.) THE facts in brief are that one Bhanwar Lal was walking on the road from Pali to Sumerpur at around 08:00 PM on 23.02.1995 when the offending Tanker bearing No.TN23-Z-5509 being driven rashly and negligently by M. Radhwan struck him from behind, which resulted in death of said Bhanwar Lal; the claimants being wife and children of the deceased Bhanwar Lal claimed compensation of Rs.25,00,000/-; respondent Nos.1 and 2 driver and owner of the vehicle remained ex parte; the appellant Insurance Company filed its reply and disputed its liability. It was, inter alia, submitted that the driver of the offending tanker was not in possession of valid and effective driving licence and, as such, the appellant Insurance Company was not liable for payment of compensation. The Tribunal, after the evidence was led by the claimants only, came to the conclusion that the accident occurred on account of rash and negligent driving by the driver of the tanker and that the claimants were entitled to compensation to the tune of Rs.5,00,000/-. While dealing with the issue relating to liability of the appellant Insurance Company, the Tribunal while relying on the driving licence Exhibit-14 and the fact that no evidence was led by the appellant Insurance Company held the appellant Insurance Company liable for payment of compensation.
(3.) IT is submitted by learned counsel for the appellant that the judgment and award passed by the Tribunal, whereby, the appellant Insurance Company has been held liable for payment of compensation is ex facie illegal and against settled position of law and, as such, the same deserves to be quashed and set aside. It is submitted that the vehicle involved in the accident was a heavy transport vehicle being tanker and driver was in possession of licence for driving light motor vehicle and, as such, he was not in possession of valid and effective driving licence and there being violation of policy conditions the appellant Insurance Company could not have been held liable for payment of compensation.;