BINDHYACHALI DEVI Vs. MANJEET PRAKASH

JUDGEMENT

(1.) IN so far as the issue relating to enhancement of the compensation amount is concerned, the appeal is admitted to hearing. It shall be heard.

(2.) IN so far as the issue relating to the liability to pay the amount of compensation already awarded, the Tribunal in the judgment/award under challenge in this appeal has fastened the entire liability to pay the awarded amount upon the owner of the vehicle (being respondent No. 1 in this appeal) and has absolved the insurer (being respondent No. 3 in this appeal) of any such liability on the ground that the driver driving the vehicle at the relevant time did not possess any valid license and by relying upon Section 149 of the Motor Vehicles Act, 1988, the insurer was permitted by the Tribunal to avoid its liability to make entire payment.

(3.) IN that view of the matter, therefore, after hearing detailed arguments of the learned counsel for the parties with respect to the aforesaid issue, we have no hesitation in holding at this very stage that the Tribunal was wrong in fastening the liability to pay the Award amount upon the owner and that in view of the aforesaid Supreme Court judgment insurer should pay the awarded amount to the appellant -claimant. It is, however, open to the insurer to take steps for recovery of the said amount from the insurer. For doing so undoubtedly, the insurer may rely upon the aforesaid Supreme Court judgment and may also invoke the relevant provisions of the Motor Vehicles Act, 1988 as are applicable in this case. It shall be open to the insured as well to defend the aforesaid claim of the insurer.