IMPORTANT POINT
Driving a vehicle without a valid permit and fitness certificate constitutes a breach of insurance policy terms, affecting liability for compensation.

JUDGMENT :

Radhakishan Agrawal, J.

1.This appeal is by the driver/owner against the award dated 13.01.2016 passed by Additional Motor Accident Claims Tribunal, Gariyaband (C.G.) in Claim Case No. 35 of 2014 awarding total compensation of Rs. 4,73,300/- with interest @ 6 % per annum, in favour of the claimants and against the appellant/owner-driver making him liable for payment of compensation.

2.As per claim petition, on 19.12.2013, the deceased Kriparam was going towards Madeli from Jatma while riding his motorcycle in a moderate speed. When he reached near Kamar Tola Basti at that time the appellant while driving the Tata Magic Vehicle bearing registration No. CG 04 T 7749 (herein after referred to as ‘the offending vehicle’), in a rash and negligent manner, dashed the motorcycle of the deceased, due to which, he died on account of injuries sustained by him in the accident. At the time of accident, the offending vehicle was owned and driven by the appellant and was duly insured with respondent No. 11/ Insurer.

3.On account of death of Kriparam, a claim petition was filed seeking compensation of Rs. 94,00,000/- on various heads. The claim petition was resisted by the non-applicants. The parties led evidence before the claims tribunal. The Tribunal, considering the evidence led by the parties passed an award as mentioned in para 1 of this judgment.

4.Learned counsel for the appellant submits that at the time of accident, the offending vehicle was not in running condition and it was being towed to a mechanic with the help of other vehicle, therefore, there is no requirement of permit & fitness and that the offending vehicle was insured with the insurance company on the date of incident, therefore, the Insurance Company is liable to indemnify the compensation.

5.Learned counsel for the respondents No. 1 to 9 while admitting that there is no appeal by the claimants against the impugned award submits that the learned claims Tribunal after considering the evidence and material brought on record, has rightly held the appellant liable to indemnify the compensation and if this Court comes to the conclusion that there was breach of policy condition then in that view of the matter a direction with respect to pay and recover may be issued.

6.On the other hand, learned counsel appearing for the respondent No. 11/Insurance company while admitting that no appeal has been filed by the insurance company against the impugned award, submits that the offending vehicle is a passenger carrying vehicle and it was being plied without fitness and permit. She further submits that the offending vehicle was not in a running condition and it was being towed with the help of other vehicle, such fact has not been disclosed by the appellant in the final report submitted by the police against the driver & owner of the offending vehicle. She further submits that the offending vehicle was not having permit and fitness and the driver of the offending vehicle was also not having proper driving license to drive the passenger carrying vehicle, therefore, it was found that there is violation of policy condition. Hence, the insurance company is not liable to indemnify the claim.

She has placed reliance upon the decision of Division Bench of this Court in the matter of Sanat Dhurve and Another v. Lekhram Sahu and Another passed in MAC No. 569 of 2014 vide judgment dated 04.09.2020 to contend that there was no direction of pay and recover issued by the Tribunal.

7.I have heard learned counsel for the parties and perused the record carefully.

8.In order to deal with first contention, I shall deal with the statement of NAW-1, Nemuram Sinha (appellant herein) wherein, it has been stated by him that on the date of incident he was driving the offending vehicle and the motorcycle which was being driven by its driver came to wrong side and dashed the offending vehicle and due to such dash Kriparam died. He has further stated that the offending vehicle was damaged and it was being towe