LAWS(DLH)-2016-4-118

BABITA YADAV Vs. NARENDRA AGGARWAL

Decided On April 01, 2016
Babita Yadav Appellant
V/S
Narendra Aggarwal Respondents

JUDGEMENT

(1.) The only issue raised by the appellants (claimants) by the appeal at hand is the total exoneration of the fifth respondent (insurer) by the tribunal by judgment 27.03.2010 in Suit No. 148/2004, fastening the liability on the fourth respondent (the registered owner of the offending vehicle) to pay the compensation awarded ( 16,61,248/ -) on account of death of Netrapal Singh Yadav in a motor vehicular accident that had occurred on 10.04.2002 involving the three wheeler scooter bearing No. DL 1RG 2512 (TSR) statedly driven in a rash manner by its driver (first respondent namely).

(2.) While upholding the contentions of the claimants (appellants) on the basis of evidence during inquiry that the accident had occurred due to rash driving of the TSR by the first respondent and in its wake awarding compensation, the tribunal noted that the TSR was registered in the name of the fourth respondent and though he had taken the plea having sold the same prior to the date of accident, no evidence having been led, he was found, and held, vicariously liable to pay the compensation. The tribunal also noted that the first respondent (the driver) had admitted that he was not having any valid driving license. For this reason, the tribunal observed that no liability could be fastened against the insurance company and, therefore, directed the fourth respondent (registered owner) to satisfy the award.

(3.) The grievance of the appellants is that the fourth respondents has failed to satisfy the award and that they have not been able to recover it from him, even though, the judgment was passed on six years ago (on 27.03.2010).