The court dismissed an appeal against a Motor Accident Claims Tribunal award. The Tribunal exoniated the insurer due to the driver's invalid license and awarded Rs.5,03,200/- to claimants despite the appeal challenging the compensation amount.
The appeal was dismissed; the Tribunal award of Rs.5,03,200/- and exoneration of the Insurance Company stands.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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S.B. CIVIL MISC. APPEAL NO.1727/2012
Rohitash Vs.
Bhagwati and Ors.
Date of Judgment ::6.2.2013
HON'BLE MR. JUSTICE ARUN BHANSALI
Mr. KR Saharan, for the appellant.
This appeal has been preferred by the owner of the vehicle aggrieved by the award dated 21.4.2012 passed by the Motor Accident Claims Tribunal, Churu ('the Tribunal') whereby the Insurance Company has been exonerated and award of Rs.5,03,200/- has been passed in favour of the claimants.
The facts of the case are that one Dalbeer, who was driver of Tempo No.RJ-10P-3140 died on account of the said tempo turning turtle on 11.11.2008. A claim petition was filed by the wife, parents and children of said Dalbeer seeking compensation from the owner of the vehicle-appellant and Insurance Company. The claim petition was filed under Section 163A of the Act. The claim petition was opposed by the Insurance Company on several grounds including the fact that the driver deceased Dalbeer was not holding a valid driving license on the date of accident. The Tribunal, after evidence was led by the parties on several issues, came to the conclusion that Dalbeer died on account of tempo turning turtle, the deceased was working under the employment of the appellant Rohitash, the claimants were held entitled to a sum of Rs.5,03,200/- and it was also held that as the deceased Dalbeer was not holding a valid driving licence on the date of accident, insurance company was not liable.
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I have heard learned counsel for the appellant and perused
the award passed by the Tribunal.
The Tribunal has recorded its finding in the following
terms:-
“यह स�क� स�स� करत� ह� कक ब�म� कम�न� न� व�हन सव�म� क� म�तक क� च�लन अन�ज� �त पसत�त करन� क� न�ट�स ट य� थ� ज� न�ट�स क# पतत और ��स�ल रस� �त�वल& �र पसत�त ह�ए ह(। इसक� स�थ ह& ब�म� कम�न� क# ओर स� प र- एनए-1 व 2 पल�ख पसत�त ह�ए ह�। ज� ब�म� कम�न� न� ल�ईस(स अथ0रर�& फत�ह�ब� (हररय�ण�) क� पसत�त करत� ह�ए म�तक लब�र क� च�लन अन�ज��त क� स4ब4ध म6 सतय��न करन� क# प�थ-न� क# थ�, त� स4ब4धधत प�धधक�त अधधक�र& न� स�स� ककय� कक म�तक क� च�लन अन�ज� �त स4खय� 11858 उक प�धधक�त अधधक�र& द�र� एल �& व�,म��रस�ईककल, ट�क�र ह�त� ज�र& ककय� गय� थ� ज� एल �& व� ह�त� ट न�4क 07.11.2003 स� 11.07.2008 तक अधधक�त ककय� गय� थ�। इस पक�र उ�य�-क �ररससथततयA क� मधयनजर यह तथय सव�क�र ह�न� य�गय ��य� ज�त� ह� कक �र-�न� क# ततधथ 11.11.2008 क� म�तक क� उक च�लन अन�ज� �त व�ध और पभ�व� नह&4 थ�।"
From the above finding, it is clear that as per the record of the Licensing Authority, Fatehabad (Haryana), the driver was holding valid driving license for the period 7.11.2003 to 11.7.2008 and thereafter, the same was not renewed and on the date of accident i.e. 11.11.2008, he was not in possession of a valid driving license, which is a violation of condition of the policy and in that view, the Insurance Company was rightly exonerated by the learned Tribunal.
It was then submitted by learned counsel for the appellant that the impugned award of compensation is on higher side as the claimants failed to prove the income of the deceased Dalbeer. Admittedly, the appellant himself was the employer and
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it was well within his knowledge as to what was the income of the deceased Dalbeer and, therefore, burden was on him to place relevant material on record in this regard. Having failed to do so, it is not open for him to question the award impugned on this count also.
In that view of the matter, the appeal has no substance and the same is, therefore, dismissed.
(ARUN BHANSALI), J.
rm/-
2 issues framed by the court
Whether the appellant-owned vehicle owner can successfully challenge the Motor Accident Claims Tribunal award where the deceased driver lacked a valid license causing insurer exoneration.
Whether the appellant having employed knowledge of the deceased driver's income can shift the burden to disprove the claimed compensation amount.
Rohitash
Bhagwati and Ors.
Arun Bhansali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
