BRANCH MANAGER, NATIONAL INSURANCE CO. LTD Vs. VIJAY

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 15.1.2011 passed by the Motor Accident Claims Tribunal, Amravati, in M.A.C.P. No.100/2009, granting compensation of Rs.6,23,900/- to the respondents no.2 to 7 on account of death of one Faganu caused in a motor vehicular accident involving autorickshaw owned by respondent no.1 and insured with the appellant.

(2.) The appellant/ insurance company had set up a defence that the Driver of the offending vehicle was not holding valid driving licence. The learned Tribunal after assessing the evidence found that the driver cum owner respondent no.1 herein had a driving licence, but it was not renewed and thus was not valid on the date when the accident occurred. He therefore accepted the defence that there was breach of term of insurance policy, however, directed the appellant insurance company to satisfy the award at the first instance and then to recover it from the respondent on.1.

(3.) Mr. Paunikar, raised two points, firstly it is contended that the learned Tribunal was not justified in deducting only one-fifth of the amount from the amount of income of the deceased towards his personal and living expenses. Second ground canvassed is that once breach of term of insurance policy is proved, the Tribunal has no jurisdiction to direct the insurer to satisfy the award and then to recover it from the original owner.