ORIENTAL INSURANCE COMPANY LTD. Vs. PRATIBHA DEVI

JUDGEMENT

(1.) SUBJECT matter of this appeal is the award, dated 9th March, 2007, passed by Motor Accident Claims Tribunal -I, Sirmaur District at Nahan, H.P., (hereinafter referred to as the Tribunal), in Claim Petition No. 46 -MAC/2 of 2005, titled Pratibha Devi and another vs. M/s. Renuka Carrier and others, whereby compensation to the tune of Rs. 1,56,000/ -, with interest at the rate of 7.5% per annum from the date of filing of the claim petition till its realization, was awarded in favour of the claimants (respondents No. 1 and 2 herein) and the appellant -insurer came to be saddled with the liability, (for short, the impugned award).

(2.) THE owner/insured and the driver have not questioned the impugned award on any count, thus the same has attained finality so far as it relates to them.

(3.) THE Tribunal after examining the record and scanning the evidence held that the insurer has failed to prove that the owner has committed any willful breach and saddled the insurer with the liability. The Tribunal, in paragraph 16 of the impugned award, has categorically held that the owner had employed the driver after taking his driving test and after perusing the driving licence, which was renewed by the Registering and Licencing Authority, Paonta Sahib. Thus, it cannot be said that the owner has committed any willful breach. The owner is not required to move here and there and make inquiries and investigations qua the genuineness of the driving licence.