SIYARAM @ JAISIYARAM Vs. DEVKUWAR

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act 1988 has been preferred by the owner/appellant of the jeep involved in accident against an Award dated 24th December 2004 in Claim Case No. 25/2004 passed by the Fifth Additional Member of the Motor Accident Claims Tribunal, Gwalior, thereby exonerating the Insurance Company on the ground that the jeep was insured under 'Act Policy' and therefore the Insurance company was not held liable to indemnify the liability on behalf of the insured for death of the travelling passenger under third part risk.

(2.) Undisputed facts of the case are that on 22nd May 2004, in night at about 1 a.m., deceased Radhavallabh, aged 45 years, who was earning monthly salary of Rs. 8,000/- as Lineman posted in MPSEB Dabra, was going accompanying his friend Parwat Singh in a jeep bearing registration No. MP06-B/6579 from Gwalior to his house situated at Dabra. On the way of Arru Crossing towards Dabra, due to rash and negligent driving the jeep owned by the appellant collided with a tree as a result, Radhavallabh received serious injuries and died on the spot. The F.I.R. was lodged in the Police Station Dabra and after investigation, the charge-sheet was filed before the criminal court, having jurisdiction. The claim petition, filed by the claimants of the deceased was decided with an Award of Rs. 9,45,500/- passed by the tribunal in favour of the claimants and against the driver and owner of the offending jeep on the principles of joint and several liability. However, while issuing such directions, the Insurance Company was exonerated from indemnifying the liability on behalf of the owner of the vehicle involved in accident, hence, this appeal.

(3.) The submission put forth on behalf of the ownerappellant is that since the jeep involved in accident was insured by the appellant for third party under 'Act Policy' with the insurance company and the passengers travelling in the jeep involved in accident including deceased Radhavallabh who died in an accident being third party to the insurance policy, the insurance company was liable to indemnify the negligent acts of the driver and consequently under vicarious liability of the owner of vehicle to satisfy the award amount on his behalf as well as driver of the vehicle involved in accident to the claimants of the deceased passenger. Therefore, it is prayed that by allowing the appeal, the direction to the extent of exoneration of the Insurance Company from the liability of satisfying the award on behalf of the insured may be set aside and instead the Insurance Company may be directed to satisfy the award amount to the claimants of the deceased.