IFFCO TOKIO GENERAL INSURANCE CO LTD Vs. BHAGWANTABAI

JUDGEMENT

(1.) Being aggrieved by the award dated 8-10-10 passed by VI AMACT, (Fast Track), Ujjain in Claim Case No. 20/ 10 whereby claim petition filed by respondent Nos. 1 to 5 was allowed and compensation of L 4,42,000/- was awarded on account of death of one Kamal in a motor accident, which took place on 26-5-09, present appeal has been filed.

(2.) Learned counsel for the appellant argued at length and submits that at the relevant time offending vehicle was being driven by respondent No. 6, who was also owner of the vehicle. It is submitted that the vehicle which was being driven by respondent No. 6 was a motor bike, while respondent No. 6 was possessing license to drive the light motor vehicle. It is submitted that since the motor bike is a vehicle of special category having a different type of license as per Section 10 of Motor Vehicles Act, which the respondent No. 6 was not possessing, therefore, learned Tribunal was not justified in holding the appellant liable for payment of compensation. For this contention reliance is placed on a decision in the matter of Oriental Insurance Co. Ltd. v. Zaharulnisha, 2008 ACJ 1928wherein driver had license to drive heavy motor vehicle, but he was driving two wheeler scooter, Hon'ble Apex Court held that driver was driving a different class of vehicle in violation of section 10(2) of Motor Vehicles Act, therefore, insurance company is directed to satisfy the award and shall have right to recover the amount from owner. On the strength of aforesaid position of law, learned counsel submits that the appeal be allowed and findings recorded by learned Tribunal whereby appellant has been held liable be set aside.

(3.) Learned counsel for respondent Nos. 1 to 5 submits that the deceased was Kamal who was Supervisor in a factory. It is submitted that the learned Tribunal assessed the income of the deceased @ L 3,000/- per month and after deducting 14th towards personal expenses applied the multiplier of 16 and awarded a sum of L 4,42,000/- as compensation. It is submitted that the income of the deceased is assessed on lower side and on conventional head no amount has been awarded. It is submitted that the appeal filed by the appellant be dismissed and cross-objection filed by respondent Nos. 1 to 5 be allowed and amount be enhanced.