NATIONAL INSURANCE COMPANY LIMITED Vs. AVINASH NAG

JUDGEMENT

(1.) The appeal is at the instance of the insurer of the offending vehicle. Challenge is against the award passed by the Claims Tribunal mulcting the liability upon the Appellant-Insurer in respect of the compensation payable on account of the deceased, despite the violation of statutory/policy conditions causing the vehicle to be driven without a valid licence to drive the vehicle carrying 'hazardous goods'.

(2.) The sequence of events is as follows : On 22.07.2011, the Truck bearing registration No.CG-04/E/2588 owned by the 4th Respondent, driven by the 3rd Respondent and insured by the Appellant, knocked down a minor boy, aged 14 years, causing fatal injuries leading to his death. This was sought to be compensated by filing the claim petition by the parents. The liability was disputed by the Appellant mainly contending that the offending vehicle was carrying LPG Cylinders, which comes under the category of 'hazardous goods'. In terms of the relevant provisions of law, the driver ought to have obtained a separate endorsement in the driving licence, on the basis of training obtained, enabling him to drive the vehicle carrying hazardous goods, which was conspicuously absent in the instant case. Challenge was raised also with regard to negligence and quantum as well.

(3.) On completion of evidence, the Claims Tribunal arrived at a finding that the accident was solely because of the negligence on the part of the driver of the offending vehicle. Reckoning the annual income of the deceased as Rs.30,000/- and adopting the multiplier of 15, loss of income has been worked out. Some amounts have been awarded under other conventional heads and accordingly, a total sum of Rs.4,57,000/- was fixed as the compensation; which was directed to be satisfied with interest @ 6% per annum from the date of filing of claim application, till realization. Observing that the vehicle was insured by the Appellant, the amount due was directed to be satisfied by the Appellant, which made them to feel aggrieved and hence, the appeal.