New India Assurance Company Limited vs Usha & Others

Sudhanshu Dhulia, J

This appeal has been filed by the New India Assurance Company Limited against the award dated 21.02.2011 passed by the Motor Accident Claims Tribunal, Haridwar in MACT No.146 of 2008, whereby a compensation of Rs.4,49,000/- (Rupees Four Lakh Forty Nine Thousand Only) has been awarded to the claimants and the liability to pay the compensation has been fixed on the Insurance Company and the owner jointly or separately.

The incident is of 22.10.2008, when the Subhash Kumar (deceased) was on his bicycle. At about 5:15 PM, at Salempur Tiraha Industrial Area Bahadrabad Police Station Ranipur, a truck bearing registration no.HR-55H-3335 which was being driven rashly and negligently and was on the wrong side of the road, hit the bicycle, as a result of which Subhash Kumar sustained fatal injuries and declared dead by the time when he was brought to the hospital. He was 35 years of age at the time of incident. On account of death of the deceased Subhash Kumar, a compensation of Rs.21,20,000/- (Rupees Twenty One Lakh Twenty Thousand Only) was claimed by the claimants.

The present appellant does not dispute the quantum of award. However, the appellant has challenged the award on ground that though the truck was insured with them but the truck was driven by the driver Ram Singh who has a licence for the light motor vehicle/transport vehicle and he was not having the driving licence for heavy motor vehicle such as the truck.

This contention of the appellant has been rejected by the learned Tribunal on the ground that the driver has a valid licence to drive a transport vehicle and since the truck would also be a transport vehicle, he had a valid licence.

The learned counsel for the appellant now contends that the light vehicle/transport vehicle and heavy goods vehicles are entirely different under the Motor Vehicles Act, 1988 and this specific contention was not taken into consideration.

Since the records of the case are here, the written statement of the Insurance Company has been perused. The Insurance Company nowhere stated that the driver was not having a valid licence to drive the kind of truck, he was driving. The vague and usual objections have been taken such as the driver was not having a valid driving licence.

Under these circumstances, no interference is being called for in the matter. The appeal stands dismissed.

The appellant has already deposited the entire compensation award before the concerned Tribunal. Let the statutory amount of Rs.25,000/- (Rupees Twenty Five Thousand Only) be also remitted to the concerned Tribunal along with the records. The amount of compensation shall be given to the claimants within two weeks from the date of production of a certified copy of this order, if not already given, by calculating the interest as fixed by the Tribunal, from the date of filing the petition.