UNITED INDIA INSURANCE CO. LTD. Vs. KANCHAN SHARMA

JUDGEMENT

(1.) The appeal stands preferred by the appellant against award dtd. 4/4/2016 passed by learned Presiding Officer, Motor Accident Claims Tribunal, Jammu, whereby the Tribunal has awarded Rs.39,68,948.00 in favour of the respondents/claimants. The award is challenged by the appellant Insurance Company mainly on the ground that the insurance company is not liable to indemnify the claimants in the claim petition as the vehicle insured was petrol tanker bearing Registration No.JK02-E/4721 and the vehicle was being driven by the driver of the offending vehicle without valid and effective driving licence as on the date of accident. The provisions of 'The Motor Vehicles Act' read with the rules framed under the Act place the vehicle in question under the definition of public carrier goods carrying goods which are dangerous and hazardous in nature and therefore the licence for driving vehicle had to be specifically for this purpose. The appellant has also challenged the quantum of compensation awarded in favour of the claimants. The learned counsel for the appellants has reiterated the submissions made in the appeal during the course of arguments.

(2.) The driving license of the driver of the offending vehicle was not valid one so as to entitle him to drive the vehicle of present nature and therefore the insurance company is not liable to pay the compensation awarded by the tribunal is the precise submissions made on behalf of the appellant-Insurance Company.

(3.) The learned counsel appearing for the respondents/claimants has argued that the tribunal has rightly awarded the compensation in favour of the claimant and that the appellant company being insurer of the vehicle is liable to compensate the claimants for the accident caused by the offending vehicle. The learned counsel for the owner and driver submits that the driver was holding the license as required under The Motor Vehicle Act, and there was no reason to fasten the liability of the compensation awarded by the tribunal against them instead of the appellant-company.