- (1.) SMT . Bhabani Ghosh, wife of late Biswajil Ghosh of Nirsa, District -Dhanbad filed Title (MV) Suit No. 46 of 1990, under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act) claiming compensation on account of death of her husband on 30.10.1989 in a motor accident.
(2.) WHILE going on a motor cycle (BER -7542) her husband was dashed by a truck DH - 2554) and he lost his life. Owner of the truck neither appeared nor filed any written statement nor contested the case. However, the insurer appeared, filed written statement and contested the case. According to insurer the truck was never insured with them and the driver was also not possessing any valid driving licence at the time of accident.
(3.) THE tribunal in the impugned judgment recorded finding that driver of the truck was responsible for the accident, as he was driving the truck rashly and negligently and that he had also no valid and effective driving licence at the relevant time. The insurance policy bearing No. 1611037 was not issued from Dhanbad Divisional Office of the Company.;