M.Y.EQBAL, J. - (1.) THIS appeal by the appellant - Insurance Company Ltd. is directed against the judgment and award dated 29th April, 2003 passed by Motor Vehicles Accident Claims Tribunal, Hazaribagh in Claim Case No. 148 of 1991 whereby he has awarded a sum of Rs. 1,00000.00 to the claimants by way of compensation for the death of one Jai Shankar Sinha in a motor vehicle accident.
(2.) THE facts of the case lie in a narrow compass: The deceased, Jai Shankar Sinha was aged about 17 years at the time of death. On 14.3.1991 the deceased was traveling in a trekker bearing registration No. BEM 9219. When the said trekker reached near Thermal Power Road No. 3, New Market, PTPS in the district of Hazaribagh, a truck bearing registration No. BEM 9973 being driven rashly and negligently, all of a sudden, came in high speed and dashed the said trekker as a result of which the deceased received serious injury and ultimately died on the way t o the hospital. In respect of the said accident a case being Patratu P.S. case No. 78/91 against the driver of the truck was instituted in which the police, after conclusion of investigation, submitted charge sheet against the driver of the truck for the offence punishable under Sections 279 and 304A of the Indian Penal Code. The appellant, being the insurer of the truck, contested the claim by filing written statement. Although the insurance of the vehicle has not been denied by the appellant but the defence taken by the appellant was that the driver of the truck was not holding a valid driving license.
(3.) THE Tribunal formulated various issues including an issue whether the driver of the offending truck was driving the vehicle rashly and negligently. While deciding the issues the Tribunal found that, whether the driver of the offending truck was driving the vehicle rashly and negligently. While deciding the issues the Tribunal found that the driver of the truck was authorized to drive light motor vehicle. The Tribunal, therefore, held that holding a driving license to drive light motor vehicle may be a breach of condition of the policy but the appellant - Insurance Company cannot be exonerated from liability of payment of compensation. Accordingly, by the impugned judgment and award, compensation has been awarded against the appellant - Insurance Company. ;