K. Vimala vs V. Alamelu

N. Kirubakaran, J.—The appeal has been preferred by the claimants against the award exonerating the 2nd respondent/insurance company from payment of compensation as the driver of the insured vehicle was having only LMV Licence and not HMV Licence and also for enhancement of the compensation awarded by the tribunal.

In the accident occurred on 19.03.2007, one Solomon was hit by a lorry driven rash and negligently causing the death of the said Solomon. Therefore, the claim petition.

On contest, the tribunal found that the driver of the lorry alone was responsible for the accident and awarded a sum of Rs.1,40,000/- payable by the owner of the vehicle. The said award is being challenged before this Court.

Heard the learned counsel appearing for the parties and perused the records.

There is no question with regard to the negligence aspects. The 2nd respondent/insurance company has not filed any appeal before this Court. The only point raised before this court is whether the tribunal was right in exonerating the insurance company due to lack of HMV Licence by the driver of the lorry.

In the considered opinion of this court, for the violation of the policy condition, the third party should not suffer. Non-possession of the proper licence is only violation of policy condition and in that event, the insurance company cannot shirk its responsibility and therefore it should be directed to pay the amount to the appellants/claimants and recover the same from the owner of the vehicle. In this case, admittedly, the driver of the lorry was possessing only LMV licence and there is violation of policy condition. Hence, the 2nd respondent/insurance company is directed to pay the entire award amount to the appellants/claimants and recover the same from the owner of the vehicle. Accordingly, the said issue is answered.

As far as the amount awarded by the tribunal is concerned, a sum of Rs.1,20,000/- has been awarded towards loss of income, Rs.10,000/- towards funeral expense and Rs.10,000/- towards consortium to the 1st appellant and the said amounts are all very reasonable and hence the same are confirmed. As far as loss of love & affection is concerned, the tribunal has not awarded any amount under this head to the other respondents/claimants, being the children of the deceased. Therefore, a sum of Rs.10,000/- each is hereby awarded under this head enhancing the compensation awarded by the tribunal to Rs.1,70,000/-. The rate of interest awarded by the tribunal shall remain unaltered.

In the result, Civil Miscellaneous Appeal is partly allowed enhancing the compensation to Rs.1,70,000/- alongwith interest @ 7.5% per annum from the date of petition till the date of deposit. No costs. The 2nd respondent/insurance company is directed to deposit the enhanced compensation amount alongwith interest and costs, as per the order of this Court, payable to the respondents/claimants, within a period of four weeks from the date of receipt of a copy of this order. On such deposit, the respondents/claimants are permitted to withdraw their share amount alongwith proportionate interest, on the basis of apportionment fixed by the tribunal.