First Appeal dismissed. The single judge found no fault with the Tribunal's order allowing recovery of compensation from the vehicle owner and driver as the driver lacked a valid permit. The appeal lacked merit.
Appeal dismissed. Statutory amount deposited remitted to Tribunal for adjustment against compensation.
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Court No. - 26
Case :- FIRST APPEAL FROM ORDER No. - 659 of 2012
Appellant :- The New India Assurance Co. Ltd. Respondent :- Smt. Ramshree And Another Counsel for Appellant :- Amit Manohar
Hon'ble Ajit Kumar,J.
This Appeal, under Section 173 of Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act') preferred against the award dated 26.11.2011 of the Motor Accident Claims Tribunal (hereinafter referred to as the 'Tribunal') whereby, the claim petition of the respondent has been allowed for a sum of Rs. 1,64,000/-
Facts the case are that while coming by a Truck No. UP-77N1845 at about 12:30 in the night on Kanpur-Jhansi National Highway, one Santosh Kumar suffered fatal injuries on account of accident with another Tanker No. WB-53-6684. The Tribunal found that the deceased to have died in the accident so occurred and the Tanker was duly insured, but on the question of consideration of contributory negligence of the Tanker bearing No. WB-53-6884 which was in a stationery condition, deciding the relevant Issue No. 7, the Tribunal held that there was no fault of the standing Tanker No. WB-53-6884. However, on the question of Issue No.8, the Court recorded a finding to the effect that while the claimants were entitled for the compensation but the Insurance Company was not liable to indemnify the insured against the third party claim as the driver who was the driving the vehicle was not having a valid licence.
The Court also found that the Truck No. UP-77N-1845 was being driven by the driver in possession of a valid driving license but it was not having a valid permit to ply the vehicle on the route in question. The permit that has been filed before the Tribunal was only valid from 8.9.2010 to 7.9.2011 and, therefore, on the date of accident i.e. on 7/8 July 2010, the vehicle did have a valid permit. Under the circumstances, the Tribunal gave a right to the appellant to recover the amount from the owner of the vehicle.
In view of such directions having been issued in favour of the appellant, I do not find any fault with the order passed by the Tribunal. The Tribunal for which the interest of the appellant have been fully protected.
It is always open to the appellant to get the amount of
compensation recovered from the owner and the driver as per the directions issued by the Tribunal and the appellant is not able to demonstrate as to whether any such appeal has been preferred by the owner or the driver of the vehicle in which directions issued by the Tribunal has been stayed or set aside.
Thus, the appeal lacks merit and is, accordingly, dismissed.
The statutory amount, however, already deposited before this Court shall be remitted to the Tribunal for being adjusted against the compensation to be made under the award.
Order Date :- 6.7.2018 Akram
3 issues framed by the court
Whether the appeal preferred against the Tribunal's award allowing compensation to the next of kin of a deceased highway accident victim should be allowed when the Tribunal directed the insurance comp
Whether the insurance company can recover the paid compensation from the vehicle owner and driver as per the Tribunal's directions given in their favour.
Whether the appellant demonstrated that any appeal was preferred by the owner or driver staying the Tribunal directions.
1 provisions across 1 enactments
The New India Assurance Co. Ltd.
Smt. Ramshree
Another
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
