NEW INDIA ASSURANCE CO. LTD Vs. SULOCHANAT

JUDGEMENT

(1.) This appeal is filed by the Insurer. According to the insurer the Tribunal was not right in directing the insurer to satisfy the claim against the insured after arriving at a finding that the driver of the vehicle involved in the accident did not have a valid licence or badge. To drive a passenger vehicle, a badge is essential. In this case the driver was driving a passenger vehicle and the deceased was one among the passengers. In such circumstances, no liability can be cast upon the insurer to pay the compensation. According to the insurer, the owner of the vehicle who violated the conditions of policy was liable to pay the compensation.

(2.) But this issue does not arise in the light of the decisions of this court in Oriental Insurance Co. Ltd. v. Usha ( 1996 (1) KLT 393 ), United India Insurance Co. Ltd. v. Jaimy ( 1998 (1) KLT 90 ) and Oriental Insurance

(3.) But the insurer can realise the amount so paid from the insured. That was why the Tribunal directed that the compensation so paid to the injured can be realised from the insured. In such circumstances, there is nothing for interference in this appeal as we have to follow the dictum laid down by the Supreme Court. We cannot, therefore, accept the contention that while considering the liability in terms of S.149(4) this court or the Supreme Court has lost the provisions of S.149(7). So we see no merit in this appeal. But it is seen that the Tribunal below had awarded interest at 12%. Based on the decision in Kaushnuma Begum v. New India Assurance Co. Ltd. ( 2001 (1) KLT 408 ) the interest payable shall be only at 9% per annum from the date of the claim made. We modify the interest portion of the award as mentioned above. The appellant shall meet the liability in terms of the award as modified above within two months.