MAYA Vs. KOK SINGH

JUDGEMENT

(1.) Since these Miscellaneous Appeals/Civil Revisions originate out of the award passed by the Ninth Additional Motor Accident Claims Tribunal (Fast Track) Gwalior, on 21/8/2009 in Claim Cases Nos. 53/2009, 54/2009, 55/2009, 56/2009 and 57/2009, these appeals/revisions are heard analogously and decided by this common judgment.

(2.) Subject matter of M.A. Nos.1512/2009, 1513/2009, 1516/2009 and C.R. Nos.141/2009, 142/2009 are same, i.e. the Claims Tribunal has passed the award without impleading registered owner of the bus which was owned by Smt. Preeti Gupta in violation of law laid down by Hon'ble Supreme Court in case of Prakash Chand Daga Vs. Saveta Sharma and others, as reported in 2019 ACJ 1. It is submitted by learned counsel for the Insurance Company that without there being registered owner impleaded as a party, compensation could not have been awarded against the Insurance Company inasmuch as Insurance Company undertakes to indemnify the registered owner of the motor vehicle insured with the insurer.

(3.) It is submitted that there was also breach of permit and as per the law laid down in case of Rani and Others Vs. National Insurance Company Ltd., 2018 ACJ 2430; for violation of permit, Insurance Company should have been given right of recovery after making payment to the claimants. It is submitted that even the M.P. High Court in full Bench decision rendered in case of Vimla Bai Vs. Sharif Khan and Ors., 2009 (4) MPLJ 453, held that in case of negligence on the part of offending motor vehicle, liability should be jointly and severely fastened on the owner of the vehicle along with the Insurer. Tribunal or Court cannot fasten the liability of compensation on the Insurance Company alone. Thus, it is submitted that on three counts, the appeals/revisions filed by the Insurance Company needs to be allowed.