Case Note & Summary
The case arises from a motor accident that occurred on 06.01.2012, when the deceased Nazirbhai Mahamadbhai Malek (Garasia) was waiting for a rickshaw at a rickshaw stand. The opponent No.1, while driving a Tata Mobile bearing registration No. GJ-22-G-5002 in a rash and negligent manner, dashed into 2-3 other vehicles and also hit the deceased and his stationary rickshaw. The deceased sustained grievous injuries and succumbed to them. The legal heirs of the deceased filed a claim petition under the Motor Vehicles Act, 1988 before the Motor Accident Claims Tribunal (Main), Narmada at Rajpipla, being M.A.C.P. No. 47 of 2012. The Tribunal partly allowed the claim petition and awarded a sum of Rs.10,66,000/- along with interest at the rate of 9% per annum from the date of filing till realization. The appellant, New India Assurance Company Limited, being the insurer of the offending vehicle, preferred the present appeal challenging the award on the ground that the driver did not possess a valid driving license at the time of the accident, and thus there was a breach of policy conditions. The court considered the evidence on record, including the deposition of the claimant and the insurance company's witness. The court noted that the driver did not appear before the Tribunal and was proceeded ex-parte. The insurance company examined an officer from the RTO to prove that the driving license was not valid. However, the court found that the insurance company failed to prove that the vehicle was driven with the knowledge of the owner that the driver was not duly licensed. The court held that the Tribunal had correctly applied the principles of law and the award did not call for any interference. The appeal was dismissed with no order as to costs.
Headnote
A) Motor Accident Claims - Negligence - Compensation - The deceased was hit by a Tata Mobile driven rashly and negligently by the opponent No.1, resulting in fatal injuries - The Tribunal awarded Rs.10,66,000 with 9% interest - The Insurance Company appealed alleging breach of policy conditions - Held that the driver did not possess a valid driving license at the time of accident, but the Insurance Company failed to prove that the vehicle was driven with the owner's knowledge of such disqualification - The appeal was dismissed (Paras 1-14).
Issue of Consideration
Whether the learned Tribunal erred in holding the appellant-Insurance Company liable to pay compensation despite alleged breach of policy conditions?
Final Decision
The appeal is dismissed. The impugned judgment and award dated 30.09.2013 passed by the learned Motor Accident Claims Tribunal (Main), Narmada at Rajpipla in M.A.C.P. No. 47 of 2012 is confirmed. No order as to costs.
Law Points
- Motor Accident Claims
- Negligence
- Compensation
- Interest Rate
- Breach of Policy Conditions
