UNITED INDIA INSURANCE CO. LIMITED Vs. SHASHI KUMAR

JUDGEMENT

(1.) Respondent-1, Shashi Kumar (hereinafter referred to as claimant) sustained injuries resulting in permanent disablement in a road traffic accident involving the offending vehicle-a Matador bearing Registration No. 2089-JK 02T. The accident occurred on 07.12.2003 in the morning at Sartingal when the driver of offending vehicle started the vehicle and dashed against another Matador standing in front of it. Resultantly, the claimant suffered serious injuries besides fracturing his legs. The accident is attributed to rash and negligent driving on part of the driver of the offending vehicle. Respondent-2 is the owner of offending vehicle which was insured with the appellant. The claimant, aged 19 years at the time of accident, claimed to be earning Rs. 8,000/- per month as a Mason. The claimant was hospitalized and he had to incur expenditure on treatment besides suffering loss of income on account of permanent disability suffered by him which has been assessed at 20% of both lower limbs. The claimant approached Motor Accident Claims Tribunal, Bhaderwah (hereinafter referred to as the Tribunal) with claim of compensation to the tune of Rs. 12.00 lacs. The driver of the offending vehicle stayed away from proceedings despite service of notice. He was set ex parte. The owner of offending vehicle pleaded that the complainant had suffered simple injuries and the accident had taken place due to mechanical defect in the offending vehicle. However, he did not deny the liability to pay compensation and pleaded that in view of offending vehicle being insured with the present appellant, the claim for compensation had to be satisfied by the insurer. The appellant contested the claim for compensation on the ground that the offending vehicle was being plied by an unauthorized person who was not holding a valid driving licence and the insurer was not liable to satisfy the claim for compensation. The parties joined the issues and on consideration of evidence adduced during enquiry, the tribunal awarded an amount of Rs. 05.00 lacs as compensation to the claimant after holding that the accident had taken place due to rash and negligent driving of respondent-3 while under employment of respondents and the offending vehicle being insured with the appellant, the appellant was liable to satisfy the award.

(2.) The impugned award has been assailed by the appellant-insurer on the ground that compensation awarded is exorbitant, the tribunal has committed an error in calculating compensation and the compensation awarded under various heads, does not conform to the guidelines laid down in rulings and the compensation awarded does not commensurate with the disability suffered. The impugned award has also been assailed on the ground that the appellant could not be saddled with the liability to satisfy the award as the driver of the offending vehicle did not possess a valid driving licence on the date of accident.

(3.) Heard and considered.