ABDUL RASHID KHAN Vs. MAHIPAL SINGH

JUDGEMENT

(1.) The present is an appeal filed by the owner under Section 173 of the Motor Vehicles Act (for short, the MV Act) against the award dated 13.04.2010 passed by the IInd Additional Motor Accident Claims Tribunal, Surajpur (for short, the Tribunal) in Claim Case No.12 of 2009. Vide the said impugned award, the Tribunal in a claim application filed under Section 166 of the MV Act has awarded a compensation of Rs.2,68,800/- to the claimants along with interest @ 7.5 percent per annum from the date of application.

(2.) The liability of payment of compensation has been fastened upon the appellant-owner of the offending Bus bearing registration No.CG-15- A/4650 and has exonerated the insurance company of its liability. However, the Tribunal has applied the principle of pay and recover ordering the insurance company to deposit the amount first and then to get the amount recovered from the present appellant-owner. It is this award which is under challenge in this appeal.

(3.) The only ground of exoneration of the insurance company was that the driver of the Bus at the relevant point of time was not having proper endorsement of permission to drive the heavy passenger motor vehicle whereas, on the said date the driver had valid licence to drive heavy goods vehicle, light motor vehicle and motorcycle with gear w.e.f. 13.01.2006.