RAJMAL Vs. SANJAY

JUDGEMENT

(1.) These appeals are by the owner of offending vehicle under Section 173 of the Motor Vehicles Act, 1988, challenging the award dated 23rd August, 2006 passed by the learned Additional Motor Accident Claims Tribunal, Jhabua in Claim Case No. 213/05, Claim Case No. 221/05 and Claim Case No. 243/05, by which the Tribunal has awarded the compensation to the claimants and has exonerated the insurance Company on the ground that the driver of the offending vehicle was not having valid licence to drive the vehicle. For the sake of convenience facts of M. A. No. 261/07 have been noted.

(2.) The Respondent/claimant had filed the claim petition pleading that on 4th October, 1998, the Respondent No. 1 was going from Jhabua to Thandla, on his scooter, when accident was caused by the bus bearing registration No. M.P. 11-A-3574, which was driven by the Respondent No. 2-Juwan Singh, in a rash and negligent manner. The Appellant was the owner of the bus and the bus was insured with Respondent No. 3 Insurance Company.

(3.) The Tribunal by the impugned award granted compensation of Rs. 80,000/- to the Respondent No. 1 alongwith 6% interest from the date of award. The Tribunal found that the Respondent No. 2 was driving the offending bus without any valid licence and there was breach of policy condition, therefore, the Insurance Company was not liable to pay the compensation amount. The Tribunal directed that the Insurance Company will deposit the compensation amount and will be entitled to recover it from the driver and owner of the vehicle. The other claim cases No. 221/ 05 and 243/05, were also decided by the same impugned award on the same terms.