SANDEEP MEHTA,J. - (1.) The instant appeal has been preferred by the appellant Insurance Company against the judgment cum award dated 4.8.2000 passed by the learned Motor Accident Claims Tribunal, Bikaner in M.A.C. No. 19/1996 whereby the learned Tribunal partly accepted the claim application filed by the respondents No. 1 and 2 claimants and awarded them compensation to the tune of Rs. 70,000 and held the non-claimants i.e. the appellant Insurance Company as well as the owner and driver of the vehicle involved in the accident jointly and severally responsible to satisfy the award.
(2.) Facts in brief are that the respondents No. 1 and 2 herein being the wife and son of late Bulakidas filed a claim application under Section 166 of the Motor Vehicles Act before the Motor Accident Claims Tribunal, Bikaner claiming compensation on account of death of Shri Bulakidas in a road accident, which occurred on 17.8.1995. Shri Bulakidas was travelling in a private bus bearing Registration No. RJ14.P.4585 going from Dungargarh to Bikaner on 17.8.1995. At about 7.15 A.M. in the morning, the bus turned turtle because of rash and negligent driving by its driver resulting into the instantaneous death of Bulakidas at the spot. The claim application was filed by the claimants praying for total compensation to the tune of Rs. 14,22,332.
(3.) The owner and driver of the vehicle involved in the accident did not choose to contest the claim despite service. The appellant insurance Company (non-claimant) filed a reply to the claim raising a specific defence that the bus driver Sahi Ram was not having a valid and effective licence to drive the vehicle at the time of the accident and thus, the vehicle was being driven in breach of the policy conditions. The Insurance Company claimed that it was not liable to satisfy the award on this ground. Reliance in support of this defence was placed on the charge-sheet filed by the police after investigation of the F.I.R. registered against the driver and owner of the bus wherein the police applied the offences under Sections 279, 337 and 304-A l.P.C. and Sections 3/181 and 134/187 of the Motor Vehicles Act against the driver Sahi Ram and offence under Section 5/180 of the Motor Vehicles Act against owner Sabir.;