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Judgment
Mr. Ramalingam Sudhakar, J. - The Insurance Company is on appeal challenging the award dated 10.10.2009 passed in Claim Petition No.
440/2000.
Heard Mr. R.K. Gupta learned senior counsel for the appellant.
It is a case of injury. Accident in this case happened on 24.12.1999 while the claimant-Babu Ram was traveling from Lakhanpur to Basholi in a
Private Bus No. JK02E-0415, on reaching near Padoli Morh near Thein, the driver of the offending vehicle could not control the vehicle as a result
of which it turned turtle and rolled down into a gorge due to which claimant sustained grievous injuries. The Tribunal awarded Rs. 2,40,000/- with
7.5% rate of interest per annum.
The only plea taken in the appeal is on the ground that the driver of the offending vehicle, insured with the appellant-Insurance Company did not
have a valid driving license and, therefore, Tribunal ought to have granted 'pay and recover' which was omitted. The owner of vehicle was ex parte
before the Tribunal and in Condonation application also he has not come, therefore, no purpose will be served by awaiting service on the owner of
the vehicle.
The only issue now that arises for consideration is whether the driver of the vehicle had a valid driving license or not. Before the Tribunal, the
Insurance Company examined two witnesses who clearly stated that the driver of the vehicle did not have valid driving license. That is not rebutted
by the owner or the driver before the Tribunal.
On the accepted plea, Tribunal ought to have granted 'pay and recover' and, accordingly, the appeal is allowed to the extent that the appellant-
Insurance Company will be entitled to pay compensation to the claimant who will be at liberty to withdraw the same, if not already withdrawn.
However, Insurance Company will be at liberty, after discharging the claimant as per law, 'pay and recover' the amount from the owner.
The appeal is disposed of as above.