NATIONAL INSURANCE CO LTD Vs. PARAS RAM

JUDGEMENT

(1.) THESE two appeals, under Section 173 of the Motor Vehicles Act, 1988, of the National Insurance Company Ltd., are directed against the awards of June 2, 2005 of the Motor Accidents Claims Tribunal Rajouri, whereby, allowing Claim Petition nos. 110(c) and 113 (c), the Tribunal has awarded Rs.4,42,000/ - and Rs.2,44,548/ -, along with interest @ 6% per annum, as compensation for the death of Kamelsh Kumari and Simmy Sharma respectively, who had succumbed to the injuries received while travelling in Maruti Van bearing registration no. JK02K/6230 which when driven rashly and negligently by Vinod Kumar, its driver, had rolled down into a stream at Khatanu Morh near Thanda Pani Bridge on May 11, 2003. Appellant -Insurance Company had contested its liability to indemnify the owner of the Maruti Van of the compensation which it was adjudged liable, to pay to the dependents and legal heirs of Kamlesh Kumari and Simmy Sharma, deceased, by the Motor Accidents Claims Tribunal, Rajouri, on the ground that the driver of the Maruti Van was not holding valid driving license at the time of the accident and the Vehicle had been driven loaded with passengers beyond its seating capacity of 4 plus 1 at the time of the accident, and in this view of the matter, the appellant was not liable to satisfy the claim in terms of the Insurance policy. The quantum of compensation, too, had been objected to by the appellant -Insurance Company.

(2.) THE Motor Accidents Claims Tribunal, after examining and appreciating the evidence which the claimants had produced to support their claims, allowed the Claim Petitions, as mentioned, at the threshold, rejecting appellant -Companys defence to indemnification, holding that it had failed to prove that the driver of Maruti Van was not holding valid driving license and the vehicle was overloaded at the time of the accident.

(3.) APPELLANTS learned counsel, while making a feeble attempt to question the awards of the Tribunal on the ground that the appellant -Insurance Company was not liable to indemnify the owner who had allowed the vehicle in question to be driven against the terms and conditions of Insurance policy, strenuously urged that the quantum of compensation awarded by Tribunal to the claimants was excessive and against the law laid down by the Honble Supreme Court of India in this behalf. Reliance is placed by the learned counsel on Uttranchal Transport Corporation Ltd. Vs Vimla Devi and ors, reported as (2009) 4 SCC 377.