DIPAK MISRA, A. M. KHANWILKAR, D. Y. CHANDRACHUD
JAGDISH KUMAR SOOD – Appellant
Versus
UNITED INDIA INSURANCE CO. LTD. – Respondent
JUDGMENT
Dr D.Y. CHANDRACHUD, J.
1. The Motor Accident Claims Tribunal allowed a claim for compensation filed by the third respondent. The claim arose from the death of the husband of the claimant on 4 January 2009 as a result of an accident caused by a collision with an offending truck. The Tribunal awarded an amount of Rs 4,08,000 together with interest at 6 per cent per annum. In an appeal filed by the third respondent the High Court enhanced the compensation to Rs 8,04,000. Interest @ 7.5 per cent per annum was awarded on the enhanced compensation.
2. The Tribunal absolved the insurer on the ground that the vehicle involved in the accident was a Light Goods Vehicle. The driver had a licence to drive the Light Motor Vehicle. The Tribunal held that in the absence of a specific authorization to drive a transport vehicle, the liability could not be fastened on the insurer. The Tribunal directed the insurer to pay in the first instance and allowed it to recover the compensation from the driver and the owner. The present appeal has been filed by the owner.
3. The High Court, while enhancing the compensation did not interfere with the order of the Tribunal absolving the insurer.
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