The Krishna Bus Service (P) Ltd. vs New India Insurance Co. and Others

S.D. Agarwala, C.J.—By the present judgment we propose to dispose of L. P. A. Nos. 578, 579 and 580 of 1984, The facts have been taken from the former case.

The aforesaid three appeals have been filed by the owner of the bus which had been involved in the accident. The only point involved in all the appeals is as to whether the amount of compensation in respect of the deceased Sher Singh was payable by the owner of the bus or by the Insurance Company The learned Single Judge has categorically found that Joginder Singh the bus driver, did not possess a driving licence. In view of this finding of fact it is clear that the Insurance Company is absolved of the liability for payment of compensation in accordance with the terms of the policy. We do not find any error in the finding recorded by the learned Single Judge.

Mr. B. N. Aggarwal, learned counsel for the appellant has, however, placed reliance on Skandia Insurance Co. Ltd. v Kokilaben Chandravadan (1987) 91 P.L.R. 665 (S.C.), to contend that Joginder Singh was in fact the conductor of the bus and as the appellant had not authorised him to drive the bus, the liability to pay compensation for the death of the deceased could not be fastened on the appellant. This principle of law, however, cannot be applied to the facts of the present case as it has been found as a matter of fact by the Tribunal as also by the learned Single Judge that Joginder Singh aforesaid was in fact the driver of the bus in question and not the conductor.

In the circumstances, we do not find any merit in these appeals and the same are accordingly dismissed. The parties are left to bear their own costs.