NEW INDIA ASSURANCE COMPANY LTD Vs. LAHASO DEVI

JUDGEMENT

(1.) BOTH these appeals have been heard together and are being disposed of by this common judgment. These appeals are directed against the judgment passed by the 1st Additional District Judge -cum -Motor Vehicles Claims Tribunal, Bhagalpur, in claim case Nos. 11/91 and 10/91.

(2.) THE aforesaid cases were filed by the heirs of one Ajay Kumar of claim case No. 10/91 and Tulsi Yadav of claim case No. 11/91 praying compensation on account of? death of the aforenamed persons caused in a motor accident that occurred on 18.12.90. The Tribunal granted an amount ' of Rs. 1,88,500/ - and an amount of Rs. 87,460/ - to the claimants of case No. 10/91 and 11/91 respectively along with interest at the rate of 12% per annum from the date ' of application till realisation. The Insurance Company was represented by opposite party Nos. 3 and 4 of the claim case and these appeals have been filed by this Company challenging the aforesaid compensation awarded to the Respondent -claimants on the main ground that the driver of the concerned dumper which caused the accident was not having licence while driving the same. So, there was breach of condition of the insurance policy by the owner of the dumper. Hence, the Insurance Company is not liable to pay compensation as ordered by the Tribunal. The rate of interest was also challenged by the Insurance Company and it was contended that now the Bank rate of interest has been reduced from 12% to 9% and, hence, the interest awarded by the Tribunal may also be reduced.

(3.) AS a result of the aforesaid discussions, I think that in the peculiar situation in the case, the Appellant -Insurance Company was not liable to pay compensation to the claimant -Respondents. It was the liability of the owner of the dumper to pay the compensation amount.