UNITED INDIA INSURANCE CO. LTD. Vs. FAGNU

JUDGEMENT

(1.) The present batch of two miscellaneous appeals and one civil revision arise out of the same accident and stands decided in three different claim cases, i.e., Claim Case No.204/2014, Claim Case No.205/2014 and Claim Case No. 203/2014 respectively by the Third Additional Motor Accidents Claims Tribunal, Bastar at Jagdalpur vide Awards dtd. 9/3/2016.

(2.) Vide impugned Awards, learned Claims Tribunal, in a proceeding under Sec. 166(1) read with Sec. 140(1) of the Motor Vehicles Act, 1988 has awarded a compensation of Rs.5,19,600.00 to the claimants in Claim Case No. 204/2014 (MAC No.720/2016) for death of deceased Neela Bai, Rs.9,200.00 to the injured claimant Smt. Somari in Claim Case No.205/2014 (CR No.90/2016) and Rs.51,900.00 to the injured claimant Smt. Devli in Claim Case No. 203/2014 (MAC No.721/2016) along with interest at the rate of 9% per annum from the date of filing of their respective claim application, fastening the liability of payment of compensation jointly and severally upon the United India Insurance Company as well as on the driver Prashant Kumar Baghel and owner Smt. Laxmi Royali of the offending vehicle, i.e., Auto bearing Registration No. CG17-T/0563 which met with accident in question on 12/2/2014 resulting in death and injuries to the aforesaid persons.

(3.) The Insurance Company took a specific plea before the Claims Tribunal that the driver Prashant Kumar Baghel, who was driving the offending vehicle at the time of accident, was only having a driving licence to drive light motor vehicle which was valid up to 9/2/2033 and there was no endorsement therein to drive a transport vehicle. However, learned Claims Tribunal rejected the argument of the Insurance Company and fastened the liability of payment of compensation upon the Insurance Company in light of the decision of the Supreme Court in the matter of Kulwant Singh and Others v. Oriental Insurance Company Limited,(2015) 2 SCC 186 which has been called in question by filing the present appeals and revision by the Insurance Company.