NATIONAL INSURANCE CO LTD Vs. SITA DEVI

JUDGEMENT

(1.) THE Appellant National Insurance Co. Ltd. impugns a judgment dated 18.05.2007 whereby in a Claim Petition under Section 163-A of the Motor Vehicles Act, a compensation of Rs.4,42,500/- was awarded in favour of the Respondents No.1 to 5 who are the legal heirs of the deceased Phuleshwar Mukhiya who was the driver of TSR No.DL-1RD-7129 at the time of the accident which occurred on 14.10.2005. While awarding the compensation, the Claims Tribunal held that the owner of the vehicle failed to produce the driving licence in spite of service of the notice under Order XII Rule 8 CPC and also since the vehicle was being driven in violation of the condition of the permit Ex.R2W1/B; the Insurance Company (the Appellant herein) would discharge its statutory obligation to pay the compensation and would recover the same from the owner of the vehicle i.e. the Respondent No.8 hereunder.

(2.) IN the Claim Petition, it was alleged that on 14.10.2005 at about 5:15 pm while the deceased Phuleshwar Mukhiya was driving the TSR No.DL-1RD-7129 near traffic signal, Prembari Pul, Ring Road, it suddenly turned turtle. As a result of this, the deceased suffered grievous injuries all over his body which proved to be fatal.

(3.) IT is urged by the learned counsel for the Respondents No.1 to 7 that the deceased was a paid driver engaged by the Respondent A premium of Rs.25/- was No.8, the owner of the vehicle. charged towards the liability under Workmen's Compensation Act to an employee and the Respondents No.1 to 6 are, therefore, entitled to pay the compensation on the basis of the contract between the owner (the insured) and the Appellant (Insurance Company).