RAM SAGAR Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) By this appeal the appellants have assailed an award dated 21 st April, 2009 whereby the learned Tribunal awarded a compensation of Rs. 5,98,343.00 and held that responsibility of paying this compensation was on the owner of the scooter since there was a breach of terms of insurance policy as the driver, who was son of the owner of the scooter, had no licence to drive the vehicle.

(2.) The appellants have assailed the award on the ground that the accident had occurred due to sole negligence on the part of deceased. The deceased was driving the scooter without wearing helmet and without having driving licence. He had hurriedly taken a wrong turn through an illegal cut in middle verge of the road and hit the scooter of appellant no. 2. Due to this act of the deceased, the appellant no. 2 sustained injuries and the scooter also got damaged. There was no negligence on the part of appellant no. 2. The other ground of appeal is that the Tribunal awarded very high amount as compensation to the claimants and the Tribunal failed to appreciate that appellant no. 2 had taken out the scooter without consent of the appellant no. 1, the owner of the scooter. The appellant no. 1 was not at home when appellant no. 2 took the scooter. The Tribunal wrongly relied on testimony of PW-2 and wrongly discarded the testimony of RW3/3. It is also submitted that the Tribunal wrongly held that there was a breach of conditions of insurance policy and therefore owner of the scooter was liable to make payment of the compensation amount.

(3.) Brief facts relevant for the purpose of deciding this appeal are that one Rahis was going on a two wheeler scooter bearing registration no. DL- 6SE-3372 along with a pillion rider Raju. The deceased was coming from Trilokpuri and was going to New Ashok Nagar. When the scooter reached near Dharamshila cancer hospital, the deceased turned his scooter from a cut in the verge of the road to his right and at that time it was hit by scooter no. DL-7SJ-7636 coming from the opposite side. As a result of accident, drivers of both the scooters fell down on the road. The deceased received injuries on his head. An FIR was registered on the statement of Raju, the pillion rider.