ORIENTAL INSURANCE CO., LTD., CBO-9, THROUGH ITS REGIONAL OFFICE, NO. 44/45, LEO SHOPPING COMPLEX, RESIDENCY ROAD, BANGALORE-25 REP. BY ITS MANAGER SRI. K. VARADARAJAN Vs. SMT. RAMYA

JUDGEMENT

(1.) THIS appeal by the Insurer is directed against the judgment and award dated 23th August 2007, passed in MVC No. 8669/2006, by the XIII Additional Judge, Court of Small Causes, Member, Motor Accident Claims Tribunal. Metropolitan Area, Bangalore (SCCH -15), (for short. Tribunal'), to set aside the impugned award passed by the Tribunal, on the ground that the rider of the vehicle did not possess an effective Driving Licence as on the date of accident. The facts in brief are that, the injured claimant bad filed the claim petition under Section 166 of the Motor Vehicles Act, contending that at about 12:30 P.M. on 19 -12 -2006, she met with an accident, when she was crossing the Vasanthapura Main Road at Sharadanagar, on account of rash and negligent driving by the rider of Bajaj Scooter bearing No. KA -05/J -2254. Due to the impact, she sustained severe injuries and was shifted to Sanjay Gandhi Hospital, where she underwent an operation with internal fixation.

(2.) ON account of the injuries sustained in the accident, the claimant filed the claim petition before the Tribunal, seeking compensation of a sum of Rs. 03.00 lakhs against the owner and the insurer of the offending vehicle. The said claim petition had come up for consideration before the Tribunal on 28th August, 2007. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs. 1,03,000/ - under different heads, with 6% interest per annum, from the date of petition till the date of deposit and directed the Insurer to satisfy the award. Being aggrieved by the liability fastened, on the ground that the rider of the Scooter did not possess a valid and effective Driving Licence as on the date of accident, the Insurer is in appeal before this Court, seeking to set aside the same.

(3.) LEARNED counsel appearing for the first respondent, at the outset submitted that, the subject matter involved in this appeal is directly covered by the decision of the Hon'ble Apex Court in the case of Kusum Lata and Others Vs. Satbir and Others, AIR 2011 SC 1234 and also in the case of Jawahar Singh Vs. Bala Jain and Others, AIR 2011 SC 2436 , wherein the Apex Court has consistently held that if there is any dispute regarding the validity of Driving Licence, the Insurer is first liable to satisfy the award and thereafter recover the same from the owner of the offending vehicle.