NATIONAL INSURANCE COMPANY LTD Vs. RAGHUNATH SAHU

JUDGEMENT

(1.) This appeal is directed on behalf of Appellant/Insurer under Section 173 of the Motor Vehicles Act 1988 (In short 'the Act') being aggrieved by the award dated 12.8.2005 passed by IIIrd Additional Motor Accident Claims Tribunal Rewa, in Claim Case No. 42/ 05 whereby, holding the offending vehicle being driven by Respondent No. 4 under the employment of Respondent No. 3, the registered owner of the same contrary to the terms of the insurance policy, without having any driving licence, the Appellant insurer is not liable to bear the claim and pursuant to it the claim of the Respondent No. 1 regarding the injury sustained by him in the alleged vehicular accident, was awarded against the Respondent No. 3 & 4 for the sum of Rs. 29,000/- with interest at the rate of 6% per annum from the date of filing the claim petition i.e. 16.7.2004. Simultaneously while passing such award it is also directed that the awarded sum shall be paid by the Appellant first and thereafter, the same could be recovered by it from the Respondents No. 3 and 4, the registered owner and the driver of the offending vehicle. The Appellant has preferred this appeal being aggrieved by the aforesaid condition directing it to pay and recover the awarded sum from the Respondents No. 3 & 4.

(2.) The facts giving rise to this appeal in short are that the Respondent No. 1 herein filed the impugned claim contending that on dated 13.4.2004 at about 7 O'clock in the evening, while sitting in the trolley bearing registration No. MP/53/M/1714 which was carrying by tractor bearing registration No. MP/53/M/1713, was going to village Rampur Naikin. Such tractor was being driven by Respondent No. 4 under the authority and employment of Respondent No. 3 in a rash and negligent manner resultantly, on the way the Respondent No. 1 fell down from such tractor-trolley and become unconscious. After the incident, the Respondent No. 4 fled away from the place of incident. The Respondent No. 1 was taken to the hospital by Ram Karan and Mahaveer present on the spot, where his MLC report was prepared and it was revealed that he sustained the fractures in the bone of waist and of hips and also sustained some grievous injuries on his left hand. On receiving the information, of the alleged incident a criminal offence was also registered against the Respondent No. 4/Driver at Police Station Rampur Naikin. Looking to the nature of the injuries sustained by the Respondent No. 1, after providing preliminary treatment at Primary Health Center, he was referred to Medical College Hospital, Rewa for further treatment. As per further averments, the aforesaid tractor was duly insured with the Appellant. With these pleadings, the Respondent No. 1/Raghunath Sahu has preferred his claim for the sum of Rs. 5,50,000/- and also claimed interest @ 18% per annum on such sum.

(3.) In reply of Respondent Nos. 2 to 4, it is stated that on the date of incident, the Respondent No. 3, the registered owner of the tractor, while sitting On the same, was going to some place. On the way, without knowledge of Respondents No. 3 & 4 the Respondent No. 1 hanged at the back side of the trolley carrying by such tractor consequently, he fell down and sustained the injuries in such alleged incident. In such premises, no negligence was committed by Respondent No. 4 in driving the tractor. In the alleged accident the Respondent No. 1 had sustained only simple injuries. Subsequent to incident under persuasion of the villagers, the Respondent No. 1 has lodged a false report against the Respondent No. 4. Looking to the nature of the injuries sustained by Respondent No. 1 the claim is also preferred on higher side. The Respondent No. 1 has spent only Rs. 1,000/- for the treatment of the alleged injuries. In alternate it is stated that on holding any liability to indemnify the claim of Respondent No. 1 on them then, the vehicle being duly insured with the Appellant the same be saddled against it. With these pleadings, the prayer for dismissal of the claim is made.