ORIENTAL INSURANCE COMPANY LTD Vs. DHAPU JAIN

JUDGEMENT

(1.) The instant appeal, filed by the appellant Insurance Company, arises from the award dated 12th November, 2009, passed by the 9th Additional Motor Accident Claims Tribunal (FTC), Raipur in Claim Case No. 76/2009. The facts, in brief, are that on 7-4-2007 at about 10.30 a.m. deceased Dilip Kumar Jain was going on his motorcycle, bearing registration No. C.G. 07/G-8781, to Basin from Raipur. On the way, near Abhanpur, the non-applicant No. 1 (Ajay Masih), driving the vehicle, bearing registration No. C.G.-04/G-0940 in a rash and negligent manner dashed the motorcycle from behind, resulting in death of Dilip Kumar Jain.

(2.) The legal heirs/dependents of the deceased filed a claim case under Section 166 of the Motor Vehicles Act, 1988 for award of a total compensation of Rs. 40,00,000/- under various heads. Learned Tribunal, having regard to the facts and circumstances and the evidence on record, granted a total compensation of Rs. 3,76,000/- along with interest at the rate of 6% per annum from the date of the application, holding the non-applicant No. 1 (driver/owner) as liable to pay the amount of compensation because on the date of accident he has not having a valid and effective driving licence. However, it has been directed by learned Tribunal that at the first instance the amount of compensation shall be paid by the non-applicant No. 2/Insurance Company and then it shall recover from the non-applicant No. 1 (driver/owner).

(3.) We have heard learned Counsel appearing for the appellant and perused the record.