ORIENTAL INSURANCE COMPANY Vs. LACHCHIRAM

JUDGEMENT

(1.) SINCE both the appeals, namely, Misc. Appeal No. 812/2002 filed by the Oriental Insurance Company and Misc. Appeal No.854/2002 filed by claimant/injured are giving rise to the common accident and common Award passed by the Additional Member of the Motor Accident Claims Tribunal, Dabra (Gwalior) dated 5th September 2002 in claim case No. 22/2002, they are taken up together for being decided by this one judgment.

(2.) FACTS , in short, just for the decision of these appeals are that on 6th September 1999, at around 1 o' clock, the injured Saurabh with his mother was sitting near the shop of Ashok Mistri, which was situated at the bus stand of Jhansi -Gwalior Highway. At that juncture, the vehicle Matador bearing registration No. MP015 D/4837 came in a hectic speed from Datia and run over the left leg of injured causing with severe injuries. The FIR of the incident was lodged and after investigation the charge - sheet was filed before the criminal court. During treatment, the leg of the injured was amputated below the knee. In claim petition under Section 166 of the Motor Vehicle Act 1988, the learned claims tribunal after considering the evidence on record and hearing the parties, granted the award of Rs. 3,15,000/ - alongwith interest @ 9% from the date of application till full and final award which was directed to be paid by the non - petitioners on the principles of joint and several liability. Being aggrieved with the quantum of compensation, the claimant has preferred the latter appeal while against the directions of payment of compensation, the Insurance Company has come up with former appeal seeking setting aside of such directions.

(3.) ON the other hand, the submission put forth by the leaned counsel on behalf of the Insurance Company is that the driver, who was driving the vehicle on the spot himself was responsible for causing such accident. It is submitted that he was not possessing the valid and effective driving licence to ply the vehicle and since there was breach of the terms and conditions of the policy, the Insurance Company cannot be fastened with a liability to indemnify on the basis of vicarious liability for the negligence of the engaged driver. On this basis, it is prayed that by allowing the appeal, the directions passed by the learned tribunal regarding fixing liability for payment of the award amount may be set aside and/or in alternative the Insurance Company may be directed to deposit the amount before the tribunal and recover the same thereafter in execution proceedings pending before the tribunal.