AJAIB SINGH Vs. ORIENTAL INSURANCE COMPANY

JUDGEMENT

(1.) This is an appeal filed by the owner and driver of the offending vehicle which was involved in an accident which took place on 1.4.2011 causing death of Dharam Singh.

(2.) Claim petition was filed by Manjit Kaur, widow of the deceased. The Motor Accident Claims Tribunal (for short 'the Tribunal) recorded that the accident in question had occurred due to rash and negligent driving of the driver of the offending vehicle under issue No. 1. Claimant was held to be legal heir of deceased Dharam Singh under issue No. 2. Under issue No. 3, the Tribunal held that as per driving licence Ex.RC, driver Gurmit Singh was only authorised to drive LMV and motorcycle with gear. The licence was not having any endorsement for driving of heavy transport vehicle. In these circumstances, issue No. 3 was decided against the driver of the offending vehicle and in favour of the insurance company.

(3.) On the basis of aforesaid finding recorded under issue No. 3, the Tribunal awarded the compensation in favour of the claimant holding the primary liability of driver of the offending vehicle to pay the assessed compensation to the complainant. The owner of the vehicle was also held vicariously liable to pay the amount in question. The insurer of the vehicle i.e. insurance company was absolved on account of the fact that the driver was not possessing valid driving licence at the time of accident. However, insurance company was directed to pay the compensation at the first instance with a right to recover the same from the owner and driver at a subsequent stage. An amount of Rs. 13,35,000/- was awarded to the claimant with interest from the date of filing of petition till final realisation of the amount from the insurance company. The amount of compensation was ordered to be deposited in the account of the claimant.