KSK ACADEMY Vs. ORIENTAL INSURANCE CO. LTD

JUDGEMENT

(1.) THE KSK Academy owner of vehicle No.DL-1PB-7165 involved in the accident impugns a judgment dated 30.07.2008 passed by the Motor Accident Claims Tribunal(the Claims Tribunal) whereby while awarding a compensation of Rs.1,80,000.00 in favour of the Claimants, the Claims Tribunal held that the Appellant committed breach of the terms of policy. Thus, while making the Insurance Company liable to pay the compensation in the first instance the Claims Tribunal granted recovery rights to it against the Appellant.

(2.) THERE is twin challenge to the finding. It is urged that onus to prove the terms of policy was on the Respondent Insurance Company. The Appellant while engaging the Respondent No.2 as the driver of the vehicle, presumed the driving licence produced by the Appellant as genuine, conducted a driving test and was satisfied about the driving skills. The driver was found to be sufficiently experienced, and in the circumstances, the Appellant did not commit any willful breach of the terms of the policy. Thus, recovery rights against the Appellant could not have been granted. In the alternative, it is urged that the recovery rights were granted only against the Appellant but since the Respondent No.2 was the principal tortfeasor, he would equally be liable to reimburse the compensation to the Respondent Insurance Company.

(3.) THE Claims Tribunal while dealing with the apportionment of liability held as under: