PATEL INFRASTRUCTURE PVT. LTD. Vs. DEV RAJ

JUDGEMENT

(1.) This order will dispose of two FAOs i.e. FAO No.2781 of 2019 which has been filed by the owner i.e., Patel Infrastructure Private Limited in which challenge has been made to the award dtd. 23/1/2019 passed by the Motor Accident Claims Tribunal, Chandigarh (hereinafter to be referred as "the Tribunal") to the extent that the Insurance Company i.e. IFFCO TOKIO General Insurance Company Limited had been granted the right to recover the amount of compensation from the appellant-owner of the offending dumper; FAO No.4180 of 2019 has been filed by the claimants who are the husband and children of the deceased Manpreet Kaur who had died in a motor vehicular accident which took place on 29/9/2016 and the prayer in the said appeal is for enhancement of compensation awarded to the claimants. The compensation awarded in the case is to the tune of Rs.8,59,000.00 along with interest at the rate of 7.5% per annum.

(2.) Learned Senior counsel for the appellant-owner in FAO No.2781 of 2019 has submitted that in para 30 of the award passed by the Tribunal, the argument on behalf of the present appellant to the effect that it was after due verification that the driver of the vehicle i.e., dumper, was appointed as a driver and due procedure was followed and even driving test was conducted, was specifically noticed. It is submitted that RW2 i.e. Avtar Singh Bamwara, Senior Manager, Mechanical, Patel Infrastructure Private Limited, Barwa had appeared in the witness-box and had specifically stated that in May, 2016, about 10 aspirants had come to their office at Barwa for the post of driver, including the driver in question i.e., Shambhu Ram who had produced his driving licence and Aadhaar Card and after finding that all the documents including the driving licence were in order, he was put on a driving test on the vehicle namely Dump Truck and the trial was taken under the supervision of Sanjay Vishwakarma-Senior Supervisor Mechanical and after he was found to be perfect in driving, relevant documents were filled up and he was employed. A copy of the Operator's Driving Test Approval Form was exhibited as Ex.RW2/1 and the copy of recruitment recommendation intimation form was also duly exhibited on record.

(3.) It is further submitted that Keshubhai Mohanbhai Vadaliya, Works Manager, Patel Infrastructure Private Limited had also been examined as RW3, who had also fully supported the version of the present appellant to the effect that they had followed due procedure before employing Shambhu Ram i.e. driver of the Dumper. It is submitted that on the other hand, Insurance Company (respondent No.7 in FAO-2781-2019) has not examined any person to even remotely prove that the present appellant did not take adequate steps and employed the driver knowing that he had a fake licence nor it was their plea in the written statement that the present appellant employed the driver without carrying out due diligence. It is submitted that in spite of the said argument having been raised in para 30 of the award, same has not been specifically answered by the Tribunal and illegally recovery rights have been given to the Insurance Company (respondent No.7 in FAO-2781-2019). In support of his arguments, learned Senior Counsel for the appellant has relied upon the judgment passed by the Hon'ble Supreme Court in the case of IFFCO TOKIO General Insurance Company Limited Vs. Geeta Devi and others reported as 2023 SCC OnLine SC 1398 and also judgment of the Hon'ble Supreme Court in the case of Nirmala Kothari Vs. United India Insurance Company Limited reported as 2020(4) SCC 49.