ORIENTAL INSURANCE CO LTD Vs. RAM BABU CHOUDARY

JUDGEMENT

(1.) Heard Shri Durgeshi Kumar Singh, learned counsel for the appellant, Shri Randhir Kumar Singh, learned counsel, who has appeared on behalf of respondent no.1/Owner and Md. Anisur Rahman, learned counsel for respondent nos. 2 and 3/Claimants.

(2.) The appellant has preferred the present appeal under Section 173 of the Motor Vehicles Act against the judgment dated 25.4.2008 and award dated 8.9.2008 passed by Shri Harendra Nath Tiwary, learned 1st Additional Sessions Judge-cum-Motor Vehicles Accident Claims Tribunal, Sitamarhi in Claim Case Nos. 5 of 2003/40 of 2007, where by the learned Tribunal has directed the appellant/insurer of the offending vehicle to make payment of compensation amount of Rs. 1,62,000/- to the claimants after deducting Rs. 50,000/-, which was already paid as interim compensation under Section 140 of the M.V.Act. Meaning thereby, after deducting interim compensation amount, Rs. 1,12,000/- alongwith 9% interest from the date of filing of the claim petition till the date of payment was directed to be paid.

(3.) Short fact of the case is that on 5.12.2002, son of respondent nos. 2 and 3, namely, Md. Dilkash was dashed by Bus bearing registration no. BR6P 8653 due to rash and negligent driving by the driver of the offending bus. In the said accident, the victim died on spot and as such a case vide Pupri P.S. Case No.151 of 2002 was got registered and thereafter, father and mother i.e. respondent nos. 2 and 3 filed a claim petition under the provisions of M.V. Act in the claims tribunal, which was registered as Claim Case No. 5 of 2003. In the said case, it was disclosed that the offending vehicle was insured by the appellant and it was under insurance covered at the time of accident. In the case, the appellant/insurer appeared and took the plea that the driving license of the driver of the offending vehicle, which was brought on record on behalf of the claimant was not genuine since as per enquiry conducted by the Insurance Company, it was found that said driving license was not issued by the Regional Transport Office, Gauhati in the name of driver namely, Dineshwar Prasad Singh. A plea was taken that on the basis of fictitious license having Driving License No. 16073 of 1987, the District Transport Officer, Sitamarhi had issued renewal of the driving license and as such since the main driving license was found to be not genuine, the renewal of the said license was not required to be taken into consideration as valid and on this ground alone, it was pleaded that in the case, compensation amount was to be paid by the owner of the offending vehicle.