NEW INDIA ASSURANCE CO LTD Vs. SURINDER NIJHAWAN

JUDGEMENT

(1.) These appeals impugn the award of compensation dated 16.07.2016 , passed by the learned MACT in Suit Nos. 305/11, 307/11, 308/11, 309/11, 306/11, 310/11, 21/16 and 190/11, 191/11, 192/11, 193/11, 194/11, 195/11, 196/11, 279/11, 280/11, 322/11, 323/11, 324/11, 325/11, 326/11,457/11, 257/11, 259/11, 260/11, 456/11, 657/11, 658/11 and 390/11, on the ground that the right of recovery against the owner and driver of the vehicle has not been granted. The quantum of compensation has not been challenged. Indeed the compensation stands duly paid to the claimants.

(2.) A passenger bus packed to the capacity, was carrying passengers who in pious fervour, were on a pilgrimage from Delhi to Katra. Closer to the destination, when the bus entered hilly areas, it slipped into a ravine, resulting in the death of 13 passengers and serious injuries to 24 others.

(3.) The accident occurred on 20.06.2007. Almost a decade later, by an Award dated 16.07.2016, the learned Tribunal awarded the compensation to the victims. However, it declined rights of recovery to the insurer on the ground that the owner of the vehicle had proven that, he had engaged the driver of the vehicle after having duly satisfied himself, that the licence shown to him by the driver appeared to be valid and that the driver possessed requisite skills to drive the said insured vehicle.