JINDAL REFINERIES LIMITED Vs. MANJU AND ORS.

JUDGEMENT

(1.) This is an appeal filed by the appellant against the award dated 13.09.2012 passed by the Motor Accident Claims Tribunal, Udham Singh Nagar in MACP No. 270 of 2009, whereby a compensation of Rs.11,11,740/- (Rupees Eleven Lakh Eleven Thousand Seven Hundred Forty only) has been awarded to the claimants and the appellant has been directed to pay the said amount.

(2.) There is no dispute to the fact that the motor accident occurred on 18.06.2009 at Bilaspur, Uttar Pradesh in which one Rajkumar, who was husband of claimant no. 1 and father of claimant nos. 2, 3 and 4 died. Subsequently a claim petition was filed by the claimants for a compensation of Rs.20,50,000/- (Rupees Twenty Lakh Fifty Thousand only). The learned Tribunal has awarded a compensation of Rs.11,11,740/- (Rupees Eleven Lakh Eleven Thousand Seven Hundred Forty only) along with six per cent interest per annum from the date of filing of the claim petition. The liability, however, has not been fixed on the insurance company, but on the appellant who is the owner of the vehicle on ground that on the ill-fated day i.e. on 18.06.2009 when the accident occurred in the territorial jurisdiction of the State of Uttar Pradesh, the transport vehicle had no permit to ply on that territory as it only had the permit to ply the same in the State of Uttarakhand. Admittedly, the incident happened in the border District of Rampur, for which there was no permit.

(3.) The case of the appellant, however, was that it had the permit but it could not submit it before the Tribunal at the relevant point of time. Therefore, though the appellant is not against the claim of the claimants or quantum of compensation fixed by the Tribunal, but it denies its liability to pay the amount, as according to the appellant, the liability should be on the insurance company and not on the owner/appellant.