NATIONAL INSURANCE CO LTD Vs. OM PRAKASH

JUDGEMENT

(1.) THE relevant facts for the disposal of these appeals are that om Prakash filed claim petition under section 166 of the Motor Vehicles Act (hereinafter referred to as 'the Act') before motor Accidents Claims Tribunal, Jammu (hereinafter referred to as 'the Tribunal')for compensation on the ground that on 8. 10. 1995, he was going to his home from bus stand and was driving his car No. JK 02-A 5874. When he had to take a turn near Modi Clinic and he stopped his car there, a bus bearing No. JK 02-D 5785 came from Kachi Chowni side and hit his car on the right side and sped away from the spot. He sustained grievous injuries. Mohan Lal driver of the offending vehicle was driving the bus and same was owned by Ram Lal. The offending vehicle was insured with National Insurance Co. Ltd.

(2.) THE owner and driver contested the claim petition and admitted the accident. However, it was pleaded that the accident took place because of rash and negligent driving of the claimant Om Prakash, who hit the bus and claimant sustained injuries. National Insurance Co. Ltd. filed separate objections and pleaded that the accident took place because of contributory negligence of the claimant and driver of the offending vehicle. It was admitted that the bus bearing registration No. JK 02-D 5785 was insured with the insurance company. It was further pleaded that the driver of the offending vehicle was not holding a valid and effective driving licence at the time of accident and was being plied without route permit and fitness certificate. On the pleadings of the parties, following issues were framed:

(3.) THE learned Tribunal after recording evidence decided issue Nos. 1 and 2 in favour of the claimant and held that the accident took place due to rash and negligent driving of the driver of the offending vehicle, i. e. , bus bearing registration No. JK 02-D 5785. On issue No. 3 it was held that Mohan Lal driver of bus was not authorised to drive public service vehicle, as he was not having a valid driving licence. The learned Tribunal has also held that the insured (owner) has violated the terms and conditions of the insurance policy. The learned Tribunal awarded Rs. 1,53,500 in favour of the claimant with interest at the rate of 9 per cent per annum from the date of filing of the claim petition till the payment is made. It was also ordered that the compensation amount has to be paid by the insurance company and the insurance company will be at liberty to recover the amount of award so paid from the insured (owner) of offending vehicle. Aggrieved by the award of learned Tribunal, National insurance Co. Ltd. as well as owner have filed these appeals which are being disposed of by a common judgment.