Liability under insurance policies is determined by the driver's qualifications; enhanced compensation should account for proper income assessment and dependant loss.

JUDGMENT :

ASHOK S. KINAGI, J.

This Appeal is filed by the claimants, being dissatisfied with the quantum of compensation awarded by the Tribunal vide the judgment and award dated 01.04.2022 passed in M.V.C.No.1032/2018 by the learned Senior Civil Judge and A.M.A.C.T, Bailhongal.

2. Brief facts, leading rise to the filing of this appeal are as follows:

On 11.05.2016, at about 1:00 pm, the deceased Manjunath along with coolie workers were proceeding towards Haveri on John Deere Tractor Engine with maize harvesting machine. When they came near the spot of the accident, at that time, the driver of the tractor drove the same at a high speed in a rash and negligent manner and suddenly applied the break. Due to the force, Manjunath fell down on the road and wheel of maize harvesting machine ran over his stomach and caused the accident. As a result, he sustained grievous injuries on his vital parts of the body, and succumbed to the injuries. The claimants being the legal representatives of the deceased Manjunath filed a claim petition under Section 166 of the MOTOR VEHICLES ACT seeking compensation. Accordingly, prays o allow the claim petition.

3. The owner of the offending Tractor filed a statement of objections, denying the averments made in the claim petition, and contended that the compensation claimed by the claimants is exorbitant. It is contended that as of the date of the accident, the driver of the offending vehicle possessed a valid and effective driving license and the insurance policy was in force. Hence, on these grounds, prays to dismiss the petition against him.

4. The Insurance Company filed its statement of objections, denying the averments made in the claim petition. It is contended that the driver of the offending vehicle did not possess a valid and effective driving license as of the date of the accident and no premium was paid towards coolie. Thus, there is a breach of policy conditions and insurance company is not liable to pay the compensation. Hence, on these grounds, prays to dismiss the claim petition against the insurance company.

5. The Tribunal, based on the pleadings of the parties, framed the relevant issues.

6. The claimants, to substantiate their case, claimant No.1 was examined as PW-1, and marked 8 documents as Exs.P-1 to P-8. The officer the insurance company was examined as RW-1, and marked 2 documents as Exs.R-1 and R-2.

7. The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petition in part with cost of Rs.1,500/- vide judgment dated 01.04.2022 and awarded a compensation of Rs.18,21,800/- with interest at the rate of 9% p.a. from the date of the petition, till realization of the amount, and held the owner of the offending vehicle is personally liable to pay the compensation, and dismissed the claim petition against the insurance company. The claimant, being dissatisfied with the quantum of compensation, and dismissal of the claim petition against the insurance company, filed this Miscellaneous First Appeal.

8. Heard the arguments of the learned counsel for the claimants and the insurance company.

9. Learned counsel for claimants submits that admittedly, the offending vehicle was insured with the insurance company. The Tribunal has recorded its finding that the driver of the offending vehicle did not possess a valid and effective driving license as of the date of the accident, and the Tribunal should have directed the insurance company to pay the compensation amount at the first instance and recover the same from the owner of the offending vehicle. He submits that the Tribunal has committed an error in not directing the insuran