UNITED INDIA INSURANCE CO. LTD Vs. RAMESH CHANDRA

JUDGEMENT

(1.) These two misc. Appeals have been preferred by the Appellant/Non Claimant No.3-United India Insurance Company Limited aggrieved against the Judgment and Award, dtd. 7/4/2016 passed by learned Judge, Motor Accident Claims Tribunal No.2, Udaipur (for brevity, hereinafter referred to as 'learned Tribunal') in M.A.C. Case Nos.508/2014 & 507/2014 respectively, whereby the learned Tribunal has awarded Compensation of Rs.15,000.00 and Rs.6,37,000.00 along with Interest @ 7% p.a. in favour of respective Claimant(s) and the liability to satisfy the award was fastened upon the Appellant/Non-Claimant No.3.

(2.) Briefly stated, the facts of the case are that the Claimants filed two separate Claim Petitions viz. claiming Compensation on account of injuries suffered by Claimant-Ramesh Chandra and on account of death of untimely death of Claimants' daughter, namely, Sonu, who was riding on the Motorcycle from Govt. School, Bhuwana to Chitrakut Nagar, Kali Magri, when it met with an accident at NH No.8 with a Tractor bearing registration number RJ-03-RA-0716, which was being plied by its Driver rashly and negligently i.e. Non-Claimant No.1. In the aforesaid accident, Claimant, Ramesh Chandra sustained injuries and Claimants' daughter, Ms. Sonu expired. Claimant, Ramesh Chandra filed Claim Petitions claiming Compensation of Rs.12,73,000.00 for the injuries suffered by him and the Claimants claimed Compensation of Rs.22,81,000.00 on account of unfortunate death of their daughter in the aforesaid accident. At the time of accident, the Tractor was insured with Non-Claimant No.3 i.e. Appellant herein.

(3.) On behalf of Non-Claimants No.1 and 2 separate replies were filed while pleading that there was no negligence on the part of the Non-Claimant No.1/Driver in causing the accident. It was, however, alleged that since the vehicle was insured with the Non-Claimant No.3, therefore, the Insurance Company was liable to pay the Compensation, if any. On behalf of Appellant/Non-Claimant No.3 reply to Claim Petition was filed while alleging negligence on the part of Rider of the Motorcycle i.e. Claimant Ramesh Chandra, who was not having the Licence to ply the Motorcycle; and there was no fault on the part of Driver of the insured vehicle. In additional pleas, it was argued that the Tractor in question was being used for commercial purposes and no insurance of the trolley was there. An objection with regard to Non-Claimant No.1 not having valid and effective Licence was also taken and information with regard to accident was not provided to the Insurance Company. It was thus prayed that the Claim Petitions be dismissed.