PEELA SINGH Vs. DILEEP KUMAR

JUDGEMENT

(1.) The present two appeals under Section 173 of the Motor Vehicles Act, 1988, have been filed by the driver and owner of the offending vehicle, assailing the common award passed on 27.9.2010 by the Additional Motor Accident Claims Tribunal (F.T.C.), Rajnandgaon, in Motor Accident Claim Case Nos. 136/2009 and 137/2009.

(2.) Vide the impugned award, the learned Tribunal, in an injury case, under Section 166 of the Motor Vehicles Act, has awarded a compensation of Rs.1,02,700/- to the claimant-Dumendra @ Domendra in Claim Case No.136/2009 and Rs.2,30,300/- to the claimant-Dileep Kumar in Claim Case No.137/2009, with interest thereon in both the cases at the rate of 6% per annum from the date of presentation of the claim application. While passing the award, the learned Tribunal has exonerated the insurance company of its liability and fastened the same upon the driver and owner of the offending vehicle.

(3.) The sole ground of exonerating the insurance company raised by the learned counsel for the appellants/driver and owner was that the driver of the offending Tractor, i.e., appellant no.1-Peela Singh, at the time of accident, was having only a learner's licence and that there was no person with a valid licence, as an instructor, available on board when the accident took place. Learned counsel for the appellants submits that it is a case where there is no proof adduced by the respondents to show that it was a breach on the part of the appellants while the offending vehicle was being driven at the time of accident and that there is only the evidence of one Shri Kishan Lal Rajak, the Manager of the Insurance Company, and whose evidence has been relied upon by the learned Tribunal. He further submits that the award deserves to be modified to the extent of at least applying the principle of 'pay and recovery'. He thus prayed for the award to be set aside and modified suitably.