ONKAR BUS SERVICE LTD. Vs. AVTAR SINGH

JUDGEMENT

(1.) In the claim petition filed by Avtar Singh and others against respondents No.1 to 3, Motor Accident Claims Tribunal awarded compensation of Rs.4,13,000.00 to the claimants for the death of Smt. Harminder Kaur in a motor vehicle accident with bus bearing registration No.PB-08BC-9229(later referred to as the offending vehicle) owned by the appellant M/s Onkar Bus Service Ltd. The tribunal passed the award against the owner, driver and insurer of the vehicle jointly and severely and allowed recovery rights to the insurer against the owner of the offending vehicle on the ground that original driving licence of the driver of the offending vehicle was fake and same could not be validated by subsequent valid renewals.

(2.) The appellant has challenged the grant of recovery right to the insurer against it with the plea that before employing the driver, appellant had checked his licence, taken his test and found him to be a qualified driver.

(3.) Learned counsel for the appellant while referring to the observations of Hon'ble Apex Court in case of National Insurance Company Limited Vs. Swaran Singh and others 2004 (3) SCC 297, has argued that to avoid its liability towards insured, the insurer has to prove that the insured was guilty of negligence and failed to exercise reasonable care in the matter of fulfilling the condition of the policy regarding use of vehicles by duly licensed driver. In this case, driver was holding a driving licence which had valid renewal and the appellant before employing him, had taken his test and also seen his driving licence which apparently appears to be valid. There was no reason for the appellant to doubt that the original driving licence of the driver was fake. He has also relied on the observations in case of United India Insurance Company Vs. Lehru and others 2003 (3) SCC 338 and has argued that if the licence held by driver seems to be valid on the face ot it, the owner cannot be expected to make a roving inquiry to find out its validity.