NATIONAL INSURANCE COMPANY Vs. MOHAN

JUDGEMENT

(1.) These appeals (Miscellaneous Appeal No. 62/2004) and Miscellaneous Appeal No. 65/2004) have been preferred by the Insurance company/appellant, herein, challenging the common Award dated 20th October 2003 in Claim Case No. 13/2003 for causing death of Smt. Rekha, daughter-in-law of Santlal as well as Claim Case No. 14/2003 for causing injuries to Santlal and his minor son Sunil, passed by the Seventh Additional Member of the Motor Accidents Claims Tribunal Gwalior. In the first claim case, the learned tribunal has awarded a sum of Rs. 1,49,500/- in favour of the claimants on account of death of Smt. Rekha with interest @ 9% per annum whereas in another claim case a sum of Rs. 10,000/- each to the injured Santlal and his son Sunil was awarded with interest @ 9% per annum, which was directed to be paid against the owner, driver and Insurance company on the principles of joint and several liability.

(2.) The admitted facts of the case are that on 14th November 2002 injured/claimant Santlal alongwith his daughter-in-law Smt. Rekha and a minor son Sunil was going on his scooter bearing registration No. MP07 KD 0061 from Gwalior to Morena. When he and the accompanied persons while riding on scooter reached near Rawat Hotal within jurisdiction of Police Station Purani Chhawani, at that juncture, one truck bearing Registration No.MP07/G-3581 driven by Arun Singh Rathor in a high speed came and dashed the claimant, his daughter-in-law and son. Resultantly, Smt. Rekha died on the spot while others, namely, Santlal and his son received injuries. The F.I.R. of the accident was lodged on which crime was registered against the driver of the vehicle involved in accident. It was submitted that on the date of accident, the claimant Santlal was working as constable in the Police Department and was earning Rs. 5,000/- as monthly salary. It is submitted that in the said accident, Santlal sustained injuries on head, neck, right eye and other parts of the body and his son also got injuries on the head. After trial, the learned tribunal awarded a sum of Rs. 10,000/- with interest @ 9% per annum as compensation to each injured, i.e, Santal and his son Sunil. The learned tribunal also awarded Rs. 1,49,000/- as compensation for the death of Rekha in such accident. Against grant of such awards in death as well as injury case, the appellant-Insurance Company has preferred the aforesaid appeals.

(3.) The contention put forth on behalf of the appellants- Insurance Company is that the Award under appeal is against the facts and evidence on record, hence, it is liable to be set aside. It is submitted that the tribunal erred in holding to indemnify the liability on behalf of the owner of the vehicle involved in accident and despite the fact proved by the appellant by leading cogent evidence that the driver of the vehicle was not possessing the valid driving licence and that there was breach of terms of the policy, such findings have been given fixing liability on the insurer to pay the award amount. On these arguments, it is prayed that by allowing the appeals, the Insurance company may be absolved from indemnifying the liability of the insured. In support of his contentions, learned counsel placed reliance on the decisions in the cases of New India Assurance Co. Vs. Kamla and others, 2001 4 SCC 342, National Insurance Co. Vs. Laxminarayan Dhut, 2007 3 SCC 700, Sardari & others Vs. Sushil Kumar and others, 2008 ACJ 1307, National Insurance Company Vs. Kaushalyadevi, 2008 ACJ 2144).