M/S National Insurance Co. Ltd vs Rohidas Baburao Rathod And Others
2021 Latest Caselaw 13271 Bom

                                                     First Appeal No.1390/2015
                                      :: 1 ::



           IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                               BENCH AT AURANGABAD


                       FIRST APPEAL NO.1390 OF 2015



 M/s National Insurance Co. Ltd.                     ... APPELLANT

          VERSUS

 Rohidas s/o Baburao Rathod & ors.                   ... RESPONDENTS

                              .......
 Shri V.N. Upadhye, Advocate for appellant
 Shri V.P. Sawant, Advocate for respondents No.1 and 2
                              .......

                                  CORAM :       R. G. AVACHAT, J.

                                  DATE :        16th September, 2021

 ORDER:

This is Insurance Company's appeal, challenging

the judgment and award dated 20/1/2015, passed by

Member, Motor Accident Claims Tribunal, Beed in Motor

Accident Claim Petition no.14/2012, granting compensation on

account of death of a three year old child in a vehicular

accident. Under the impugned judgment and award, a sum of

Rs.2,00,000/- only with interest @ 8% p.a. from the date of

the petition to the date of realisation of the said amount has

been awarded.

First Appeal No.1390/2015 :: 2 ::

2. Heard. Perused the appeal memo to find that the

challenge is only on the ground that the driver of the truck

involved in the accident was alleged to have had not held valid

and effective driving licence to drive the same.

3. It so happened that the respondents No.1 and 2

were working as sugarcane harvesters. On the ill-fated day,

they were engaged in cutting of sugarcane and loading it in

the truck (MH-31/CB-575). Their three year old child, Rohit

was resting on the ground just by the side of the truck. After

sugarcane harvesting was over at that particular place, the

truck driver (respondent No.4) started backing up the truck.

He did not notice presence of Rohit. The truck ran over Rohit.

Rohit died on the spot. His parents, therefore, preferred the

petition for compensation. The appellant Insurance Company

resisted the same interalia on the ground that the truck driver

(respondent No.4) did not hold valid and effective driving

licence to drive the same.

4. On close scrutiny of the evidence in the case, it

does appear that, the driving licence of the respondent No.4

(Exh.45) was placed on record. It is evident therefrom that,

he was permitted to drive heavy transport vehicle. The

First Appeal No.1390/2015 :: 3 ::

appellant Insurance Company did place on record of the

Tribunal another driving licence (Exh.51) to indicate the

respondent No.4 had been allowed to drive LMV (non

transport). The Tribunal has rightly found that the driving

licence produced by the appellant Insurance Company did not

contain full particulars thereof nor did it discharge its burden

to prove its defence. The same status remained in this appeal

as well. As such, the appellant Insurance Company failed to

make out a case for interference with the impugned judgment

and award.

5. In the result, the appeal fails. Same is dismissed.

( R. G. AVACHAT ) JUDGE

fmp/-