AI Structured Summary
Not yet generated for this judgment
Judgment
Gautam Kumar Choudhary, J
Insurance Company is in appeal against the judgment and award of compensation in Title (Motor Vehicle) Suit No.8 of 2009 whereby and whereunder liability to pay compensation under Section 166 of the Motor Vehicle Act, 1988 has been fixed on the appellant-Insurance Company and opposite party no.6.
As per the case of the claimants, the deceased- Radhey Das was travelling on a pick-up van bearing registration no.JH 11E 3599 along with other co-passengers which met with an accident with a bus bearing registration no.WB 37A 4140. In this accident, one Radhey Das and another Nunu Lal Verma died. Claims are the dependents of Radhey Das.
It is alleged that the accident took place due to rash and negligence of the driver of the pick-up van bearing registration no.JH 11E 3599 and the bus.
Learned Tribunal awarded compensation by recording finding that it was a case of composite accident caused by the driver of these vehicles.
Appellant is insurer of the bus bearing registration no.WB 37A 4140 and the appeal has been preferred inter alia on the ground that vehicle which was involved and has been referred in the FIR and charge sheet was also filed against the driver of the Bolero pick-up van, but he was not impleaded as party. Further, driver was not having valid driving license and it was plied without any valid permit.
Mr. Rohit Roy, Learned counsel on behalf of claimants /respondent nos.1 – 3 submits that the insurer of the pick-up van being Bajaj Allianj General Insurance Company Limited (respondent no.8) had preferred M.A. No.550 or 2017 against the award of compensation in this case, was dismissed by this Court by the co-ordinate Bench of this Court by order dated 18.01.2020.
Having considered the submissions advanced on behalf of both sides, it is apparent that the finding is with regard to composite negligence of Sawari Van No. JH 11 E 3599 and Bus No. WB-37A-4140. Appellant is the insurer of bus bearing registration no.WB 37A 4140. Further, there is nothing on record to suggest that plea of not having valid driving license or permit was not taken before the learned Tribunal and no specific issue was framed.
Under the circumstance, Miscellaneous Appeal fails and the Insurance Company is directed to pay full and final compensation amount within a month of this order. Statutory amount be remitted to the Tribunal for disbursement to the claimants. Interlocutory Application, if any, is disposed of.