NATIONAL INSURANCE CO LTD Vs. ANSHU GUPTA

JUDGEMENT

(1.) This appeal has been preferred by the Insurance Company assailing award dated 22nd March, 2007 passed by the Motor Accident Claim Tribunal awarding a sum of Rs. 17,48,486 to the claimant/injured and giving right to the Insurance Company to recover this amount from the owner of the vehicle.

(2.) The contention of the appellant is that since in this case the owner of the scooter was not having a valid driving license to drive the scooter and was having a driving license to drive the car, the Insurance Company should have been exonerated from its liability to pay compensation to the claimant rather than first paying it and then recovering it from the owner. Instead, the owner should have been directed to pay the compensation. Reliance was placed on National Insurance Company Limited v. Kusum Rai, 2006 2 ACC 19 The other ground for challenge of the order is that the Tribunal awarded higher compensation amount to the injured since the Tribunal failed to deduct 1/3rd of the amount of his income towards personal expenses.

(3.) Brief facts relevant for the purpose of deciding this appeal are that on the night of 19th November, 2001 around 11:30 p.m., the injured driving scooter bearing No. DL-1S-J-9920 was hit by the driver-cum-owner of scooter bearing No. DL-7S-P-1407. Both the claimant as well as respondent alleged that accident took place due to negligence of other. However, after appreciating evidence led by both the parties, the Tribunal came to the conclusion that both of them contributed to the accident and were equally responsible for the accident and that is why, after calculating the compensation payable, the Tribunal ordered only 50 per cent of the compensation to be paid to the claimant by the Insurance Company of respondent No. 1.