PRASHANT KAPOOR Vs. TULESH KUMAR

JUDGEMENT

(1.) By way of this appeal, the appellant has challenged the award passed by the learned Motor Accident Claims Tribunal II, Mandi in MACT No. 70 of 2008 dated 16.01.2012, vide which, learned Tribunal while allowing the claim petition of the claimants before it, further held that the liability to pay the compensation to the petitioners before it shall be that of respondent No. 1 therein, i.e. the present appellant.

(2.) A perusal of the award under challenge demonstrates that learned Tribunal below awarded an amount of Rs. 17,07,760.00 in favour of the claimants along with interest @ 7.5% per annum from the date of filing of the petition till the date of award. It further held that the policy which was taken out by the present appellant with regard to the vehicle in question with the respondent-Company was an 'Act Only Policy', which policy covers the risk of only third person, i.e. the person other than those trevelling in the vehicle and, therefore, Insurance Company could not be held liable to pay compensation to the passengers travelling in the vehicle unless extra premium stood paid to the Insurance Company for covering the said risk. While arriving at the said conclusion, learned Tribunal relied upon various judgments, which find mention in the impugned award. Besides this, it further fastened the liability upon respondent No. 1 on the ground also that driver of the vehicle was not possessing a valid driving licence on the date of accident. During the pendency of appeal, as far as the factum of the driver having a valid licence has attained quietus, as on an application so filed by the applicant/appellant under Order 41, Rule 27 of the Code of Civil Procedure and on report in this regard being sought by this Court from Motor Registering and Licensing Authority, Mandi, it stands proved that the driver was having a valid driving licence as on the date when the accident took place.

(3.) Now, the moot issue which has to be adjudicated by this Court is only as to whether the findings returned by the learned Tribunal to the effect that the liability to pay the award amount was upon the owner is sustainable in law or not.