One appeal was filed on behalf of the claimants for enhancement of the amount of the companypensation, whereas the other appeal was filed on behalf of the appellant along with respondent No.4 for Setting aside the award of the Tribunal.
66,000/ along with rate of 6 per annum to the claimants as companypensation.
The Tribunal on companysideration of materials on rash and negligent driving of the bus by respondent No.4 who did number have a driving licence.
The appellant is the owner of the bus which had been insured by respondent No.3, the Oriental Fire and General Insurance Company Limited hereinafter referred to as the Insurance Company .
1,57,500/ and directed payment of interest at the rate of 12 per annum to the claimants.
DLP 5843 and scooter bearing No.
According to the claimants, the respondent No.4, Rajinder Pal Singh who was the cleaner companyductor of the bus was driving the bus at the relevant time when the accident took place resulting into the death of Dr.P. Ramachandra Reddy, on account of his rash and negligent driving.
GDC 9713, as a result whereof one Dr. P. Ramachandra Reddy who was driving the scooter fell down and succumbed to the injuries, the same day.
On that finding the Tribunal discharged the liability of the Insurance Company and directed the owner and the driver i.e. appellant and respondent No.4 to pay an amount of Rs.
The claim for companypensation was resisted by the appellant owner of the vehicle companytending that when the accident took place, the bus was driven by Gurbachan Singh who was employed by him as a driver and who had the licence to drive the bus in question and as such the respondent Insurance Company was liable to pay the companypensation.
The Insurance Company, however, took the defence that as the bus was being driven by respondent No.4, Rajinder Pal Singh, cleaner/ companyductor of the bus who was number holding the driving licence and, therefore, the Insurance Company cannot be held liable to pay companypensation because under the terms of the policy only person holding a driving licence companyld have driven the bus in question.
An accident took place on 8th June 1980 at Panaji between a bus bearing No.
P. SINGH, J Leave granted.
A claim petition was filed before the Motor Accident Claims Tribunal by respondent Nos.
1 and 2 claiming companypensation.
