Liability of the Insurance Company in motor vehicle accidents under the Motor Vehicles Act, 1988.

JUDGMENT :

The appellant is the second respondent/Insurance Company in M.V.O.P.No.145 of 2010 on the file of the Motor Accident Claims Tribunal-cum-Additional District Judge, Hindupur and it filed the appeal questioning the legal validity of the order of the Tribunal.

2. Both the parties in the appeal will be referred to as they are arrayed in the claim application.

3. The claimant filed the claim petition under Sections 140 and 166 of the Motor Vehicles Act, 1988 read with Rule 455 of Motor Vehicles Rules, 1989 against the respondents praying the Tribunal to award an amount of Rs.50,000/- towards compensation for the injuries sustained by the petitioner in a motor vehicle accident occurred on 24.01.2008.

4. The facts germane to dispose of this appeal may be briefly stated as follows:

The petitioner/injured was worker in the offending van bearing No.KA 06A 8431. On 24.01.2008 at about 6.00 a.m., the van bearing No.KA 06A 8431 was loaded with boiler hens at poultry form at Bellary. The petitioner and another boarded the offending vehicle. The driver of offending vehicle drove the same in a rash and negligent manner with high speed and when the vehicle reached near Obulapuram railway gate, the left side tyre of the vehicle was burst, due to which the driver lost control over the vehicle and dashed against the road side iron beams, resulting which the petitioner sustained injuries.

5. The first and second respondents filed counters separately denying the claim of the claimant and contended that the claimant is not entitled any compensation and the first and second respondents are not liable to pay any compensation to the petitioner.

6. Based on the above pleadings, the Tribunal framed the following issues for trial:

1. Whether the accident had happened on account of the rash and negligent driving of the driver of the offending 407 van bearing No.KA 06A 8431?

2. Whether the driver of the offending vehicle was not holding valid effective driving licence at the time of accident?

3. Whether the petitioner is entitled for compensation? If so, to what amount and from which of the respondents?

4. Whether the claim of the petitioner is excessive, abnormal and unjust?

5. To what relief?

7. During the course of enquiry in the claim petition, on behalf of the petitioner, P.Ws.1 and 2 were examined and Exs.A.1 to A.11 were marked. On behalf of respondents R.W.1 was examined and Exs.B.1 was marked.

8. At the culmination of the enquiry, after considering the evidence on record and on appreciation of the same, the Tribunal came to conclusion that the accident was occurred due to rash and negligent driving of the driver of offending vehicle and the Tribunal allowed the petition in-part and awarded a sum of Rs.35,750/- towards compensation to the claim petitioner. Being aggrieved by the impugned award, the Appellant/ Insurance Company filed the appeal questioning the legal validity of the order of the Tribunal.

9. Heard learned counsels for both the parties.

10. Now, the point for determination is:

Whether the order passed by the Tribunal needs any interference? If so, to what extent?

11. POINT :

On appreciation of evidence of PW1/injured and also on considering Ex.A1 true copy of First Information Report and Ex.A3 true copy of charge sheet, the Tribunal came to conclusion that the accident in question was occurred due to rash and negligent driving of the driver of the offending vehicle. I do not find any legal flaw or infirmity in the said finding given by the Tribunal.

12. Coming to the compensation, the Tribunal awarded an amount of Rs.35,750/- to the petitioner against both the respondents and fixed the responsibility on both owner of the offending vehicle and insurer of the offending vehicle.

13. Learned counsel for appellant would submit that the claimant is an unauthorized passenger and that Insurance Company is not liable to pay any compensation. The case of the petitioner is that the offending vehicle was loaded with boiler hens at poultry form at Bellary