VIKAS KUMAR VERMA Vs. LUCHIYA DEVI

JUDGEMENT

(1.) This is owner's appeal against the award dated 30.11.2010 passed by the Additional Motor Accidents Claims Tribunal, Korea (Baikunthpur) in claim case No. 60/2009. As against compensation of Rs. 25,50,000/- claimed by the unfortunate widow and children (respondents No. 1 to 8) of deceased-Natthuni Singh, aged about 60 years, by filing claim application under Section 166 of the Motor Vehicles Act (henceforth 'the Act') for his death in the motor accident on 13.05.2009, the Tribunal awarded a total sum of Rs. 2,60,400/- along with interest at the rate of 7% per annum from the date of application till its actual payment.

(2.) The Tribunal, on due consideration of the evidence led held: the accident had occurred due to rash and negligent driving of new Scorpio bearing Chasis No. 92D 26359 and Engine No. G.C. 94D 11486 by its driver-Vikki @ Nazim @ Sourabh Jadhav, respondent No. 9 herein; Natthuni Singh died on account of injuries sustained by him in the said accident; respondent No. 10-Iffco Tokiyo General Insurance Company Limited not liable for payment of compensation as the vehicle was being driven in breach of policy conditions at the time of accident; assessed and awarded the aforesaid amount of compensation against the appellant as well as against respondent No. 9 with a direction to respondent No. 10/insurance company to first pay the amount of compensation to the claimants and then recover it from the appellant/owner and driver of the vehicle in question.

(3.) Shri Sanjay Patel with Shri Anil Gulati, learned counsel appearing for the appellant would submit: the respondent No. 9 was holding valid and effective driving licence at the time of accident, inasmuch as, he was possessing learner's licence to drive light motor vehicle, which is as good as regular licence, and therefore, the Tribunal has erred in passing the pay and recover order. He would further contend, the Tribunal has erred in deducting only 1/5th towards personal expenses of deceased and thereby in awarding Rs. 2,60,400/- as compensation.