Insurance liability can be exonerated if the vehicle was operated without a valid permit, leading to a pay and recovery order against the vehicle's owner.

JUDGMENT :

Hanchate Sanjeevkumar, J.

MFA Nos.104122, 104123, 104124 and 104125 of 2019 are filed by the Insurance company challenging the judgment and award dated 18.07.2019 passed in MVC Nos.536, 537, 538 and 539 of 2016 on the file of Motor Vehicle Accident Claims Tribunal-XIV, Mudhol[hereinafter referred to as ‘the Tribunal’ for short], questioning the liability fastened on it to pay the compensation. Whereas, MFA Nos.100302 and 100304 of 2022 are filed by the claimants challenging the judgment and award dated 18.07.2019 passed in MVC Nos.536 and 537 of 2016 passed on the file of Motor Vehicle Accident Claims Tribunal-XIV, Mudhol, seeking enhancement of compensation.

2. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Tribunal.

3. It is the case of the claimants that on 15.05.2016 at about 9.30 a.m. they were traveling in the Auto Cab Rickshaw bearing Reg.No.KA-48/3748 from Virapur village to Chickandi B.K. At that time, the driver of Tipper bearing Reg.No.KA-48/7855 came from opposite direction in a rash and negligent manner and dashed to the Auto Cab Rickshaw. Due to the said impact, some of the claimants have sustained injures and some of them have died.

4. Upon the claim petition filed by the claimants, the Tribunal has awarded compensation and an order of pay and recovery is made directing the Insurance Company to pay compensation at first instance, then recover it from the owner of the Tipper bearing Reg.NoKA- 48/7855.

5. Learned counsel for the appellant/Insurance Company in support of grounds taken in the memorandum of appeal argued that there is contributory negligence between the driver of Auto Cab Rickshaw and Tipper and the Tipper did not have permit. Hence, there is infraction of conditions of insurance policy. Therefore, the Insurance Company is not liable to pay compensation.

6. On the other hand, learned counsel for the claimants justified the judgment and award passed by the Tribunal and sought dismissal of the appeals filed by the insurer.

7. Upon perusing the documentary evidence available on record i.e., FIR, copy of complaint, copy of further statement of complainant, crime details form, postmortem report, MVI report, copy of charge sheet, it is proved that the driver of the Tipper was rash and negligent in driving the Tipper and caused the accident. From the evidence on record, it is proved that there is no contributory negligence on part of the driver of the Auto Cab Rickshaw. Therefore, the Tribunal is correct in holding that the driver of the Tipper was fully responsible for the accident and caused the accident, this finding need not be interfered with.

8. The Tribunal after appreciating evidence on record at Ex.R-3/permit, held that the permit was valid from 16.05.2016 to 15.05.2021. The accident is caused on 15.05.2016. Therefore, as on the date and time of the accident, the Tipper was not having permit. This is rightly appreciated by the Tribunal. Hence, the violation of conditions of insurance policy is proved. Therefore, the insurer of the Tipper is not liable to pay compensation. In this regard, though the Tribunal has ordered for pay and recover, but wrongly held that the owner and insurer of the Tipper are jointly and severally liable