BISHNUPADA SHIL Vs. NIYATI TANTI

JUDGEMENT

(1.) This appeal is filed by the owner of a vehicle, which was involved in an accident. He has challenged a portion of the award passed by the Motor Accident Claims Tribunal, Court No.3, West Tripura, Agartala dated 24.09.2009 in T.S. (MAC) No.396 of 2003 absolving the insurance company from covering the risk and providing that the insurance company shall pay the amount to the claimants and thereafter recover it from the owner.

(2.) Brief facts are as under: One Karun Tanti was proceeding on foot on the side of the road on 09.04.2003 at about 7.30 in the morning when the bus belonging to the appellant dashed him from behind causing fatal injuries. The claimants-dependants of the deceased therefore filed a claim petition before the Motor Accident Claims Tribunal, West Tripura claiming compensation from owner and insurer of the vehicle involved in the accident. The Claims Tribunal held that the accident was on account of sole negligence of the driver of the vehicle. The Tribunal awarded a compensation of Rs.3,72,000/- to the claimants. With respect to the liability of the insurance company, the Claims Tribunal noted that the owner in the written statement has not contended as to who was the driver of the vehicle at the time of accident. The owner has, however, produced a driving licence of one Satya Deb but in absence of the proof of the said license holder being the driver of the vehicle, the insurance company cannot be held liable.

(3.) Challenging the said judgment, learned counsel for the appellant submitted that it was a mere oversight on part of the appellant in not naming Satya Deb as a driver in the written statement. However, his driving licence was on record. The Claims Tribunal should not have absolved the insurance company of its liability.