ORIENTAL INSURANCE COMPANY LIMITED Vs. BACHAN SINGH & ANOTHER; NEEMA DEVI & OTHERS; HARI SINGH & ANOTHER; SOBAN SINGH & ANOTHER; CHANDRA BALLABH & ANOTHER

JUDGEMENT

(1.) Since all these appeals have arisen out of the judgments granting award in the same accident, so these are being adjudicated by the single verdict, more so, because except the quantum of compe nsation, rest of the facts and controversy is identical in nature.

(2.) The accident occurred on 15.03.2010 at 12:15 PM, when the vehicle Max bearing no.UK-09-TA-0135 was travelling from Haridwar to Tehri along with the passengers therein. During the course of journey, in the serpentine hilly roads, the vehicle skidded off from the road and fell down in deep ditch causing injuries to the passengers; some of them either passed away at the spot or succumbed to the injuries at some later point of time. So, the legal representatives of each initiated the Claim Petition before the Tribunal for awarding of the compensation.

(3.) The accident, insurance cover, valid permit, valid fitness and losing of life of the persons, for whom the petition was instituted, have not been disputed. The whole controversy, which has been strenuously put forth by learned counsel for the insurer, revolves around the fact that although the driving license of the driver was issued on 21.01.2008 with a hill endorsement on 12.08.2009 so he was having a valid driving license at the relevant date, but at the same time, the condition no.24, as has been delved in the list attached with such permit, issued by the competent officer has been violated by vehicle owner. It contemplates that the vehicle owner will employ a person as a driver on such vehicle, who is the license holder since at least last 5 years to drive the transport vehicle. The date of first issue of driving license was 21.01.2008, hence, the driver Mr. Dev Singh did not complete those five years on the date of accident viz. he was devoid of requisite experience as highlighted in the conditions of permit. So, in such eventuality, the liability should be fastened upon the owner of vehicle instead of insurer.