ORIENTAL INSURANCE CO. LTD Vs. SUDESH SHARMA

JUDGEMENT

(1.) THE appellant -Oriental Insurance Company Limited has filed this Appeal questioning the Award dated 23rd January, 2010 of the Motor Accident Claims Tribunal, Jammu whereby an amount of Rs. 10,53,000/ - (Rupees ten lac fifty three thousand only) was awarded as compensation to the Claimants for the death of Ashwani Kumar, an employee of the State Government in the Education Department, who died as a result of the injuries sustained in the Motor Accident on 6th April, 2005. The Appellant 'slearned Counsel submitted that the insured vehicle having been driven in violation of the terms and conditions of the Insurance Policy, the Company was erroneously held liable by the Tribunal to satisfy the Award and recover the amount covered thereby from the owner of the vehicle. Per contra, the Claimant 'slearned Counsel, justified the direction issued by the Tribunal to the appellant to satisfy the Award relying on the law laid down by the Supreme Court of India in Prem Kumari and others v. Prahlad Dev and others, reported as 2008 A.I.R. S.C.W.682.

(2.) I have considered the submissions of the learned Counsel for the parties and I am of the view that the direction issued by the Tribunal to the appellant to satisfy the Award with liberty to recover it from the owner of the Truck involved in the accident, cannot be faulted in view of the legal position settled in Prem Kumari 'scase referred to hereinabove where while dealing with the issue, it was held as follows :