PRADEEP KUMAR PATRA Vs. RABI NARAYAN PANDA

JUDGEMENT

(1.) HEARD learned counsel for the appellant and the learned counsel for respondent No. 3 Insurance Company.

(2.) THIS appeal is filed by the claimant for enhancement of compensation and also for fastening the liability on the Insurance Company as the M. A. C. T., Berhampur has fastened the liability on the owner opposite party No. 2 for the reasons recorded on Issue No. 3, namely, the case pleaded by the Insurance Company that the accused driver did not possess a valid driving licence which is a violation of the terms and conditions of the insurance policy. The insurance company had also taken the plea in its written statement that the accused driver was driving the offending vehicle without valid driving licence. The owners of the offending vehicle did not contest the case and remained ex parte. Therefore, the plea of violation of the terms and conditions of the insurance policy for not having valid licence at the time of accident was accepted by the Tribunal and the liability was fastened upon the owners. Correctness of the same is questioned in this appeal by the claimants by placing reliance upon the finding recorded in the impugned judgment on issue No. 2, namely, the offending vehicle was insured with respondent No. 3, section 149 of the Motor Vehicles Act and the decision of the Supreme Court in National Insurance Company v. Swaran Singh, 2004 3 SCC 297Learned counsel for the Insurance Company respondent No. 3 submits that having regard to the finding recorded on issue No. 3, there is violation of the terms and conditions of the insurance policy for the driver not possessing valid licence, fastening of the liability on the owners is perfectly legal and valid and does not call for interference. Alternatively, it is submitted that awarding of 9% interest is on the higher side and the same is required to be reduced.

(3.) HAVING regard to the legal contentions urged by the learned counsel for the parties, I am of the considered opinion that it is not a fit case for enhancement of the compensation as claimed in view of the nature of injury suffered by the claimant which were simple in nature. Therefore, award of compensation of Rs. 28,000.00 is perfectly legal and valid.