ORIENTAL INSURANCE COMPANY LTD Vs. KAMLA DEVI

JUDGEMENT

(1.) Instant appeal filed under Section 173 of the Motor Vehicles Act (hereinafter, 'Act') lays challenge to award dated 16.1.2016 passed by Motor Accident Claims Tribunal, Chamba, District Chamba, in MAC Petition No. 76 of 2014, titled Smt. Kamla Devi and others versus Oriental Insurance Company Limited and another, whereby learned Tribunal below, while allowing claim petition filed by respondents No. 1 to 7/claimants (hereinafter, 'claimants') under Section 166 of the Act, claiming therein compensation on account of death of Om Prakash, awarded a sum of Rs. 19,56,000/- in favour of the claimants, alongwith interest at the rate of 9 % per annum from the date of filing of the petition till realisation thereof, payable by appellantInsurance Company.

(2.) Precisely, the facts of the case as emerge from the record are that on 19.4.2014, at about 5.00 PM, ill-fated vehicle bearing registration No. HP-01C-3304 (Maxi cab ) being driven by driver namely Prithi Chand, met with an accident, as a consequence of which, deceased Om Prakash, who was one of the occupants died on the spot. Claimants being dependents of Om Prakash, filed petition under Section166 of the Act, before learned Tribunal below, claiming therein compensation to the tune of Rs. 19,60,000/-. Claimants claimed before learned Tribunal below that deceased Om Prkash was Beldar in Development Block Pangi and was drawing wages to the tune of Rs. 10,096/- per month. Claimants claimed that deceased was earning Rs.3000/- from agriculture work and his total monthly income was Rs.22,096/- and as such, they are entitled to compensation on account of untimely death of deceased. Claimants claimed before learned Tribunal below that due to untimely death of Om Prakash, they have suffered irreparable loss of love and affection.

(3.) Appellant-Insurance Company, while resisting the claim of the claimants, claimed that since driver of the offending vehicle was not having valid and effective driving licence at the time of accident, it is not liable to indemnify the insured. Besides above, appellant-Insurance Company claimed that offending vehicle was not having valid registration certificate, route permit, valid fitness certificate and since the vehicle was being driven in violation of the terms and conditions of the insurance policy, it cannot be held liable to pay compensation, if any, on account of death of passengers traveling in the ill-fated vehicle at the time of accident.