The insurance company is exonerated from liability for compensation as the driver lacked a valid driving license, establishing a breach of policy conditions.

JUDGMENT :

AMITENDRA KISHORE PRASAD, J.

1. Since all these appeals arise out of the same accident, they have been clubbed together, heard together and decided by this common judgment.

2. Challenge in these appeals is to the awards dated 19.06.2018 and 26.06.2018, respectively passed by the learned Motor Accident Claims Tribunal, Balod, District Balod (C.G.) (hereinafter referred to as 'Claims Tribunal') in Claim Case Nos. 78/2016 and 79/2016, respectively whereby learned Claims Tribunal allowed claim application in part of the injured claimants.

3. MAC Nos. 1957/2018 and 1901/2018 have been preferred by the Insurance Company assailing the finding of the learned Claims Tribunal, whereby despite holding that there was a breach of policy conditions on the part of the owner and driver of the offending vehicle and fastening liability upon them, the Tribunal has directed the Insurance Company to satisfy the award in the first instance with liberty to recover the same from the owner of the offending vehicle.

4. MAC Nos.1518/2018 and 1520/2018 have been preferred by the owner of the offending vehicle questioning the impugned awards on the ground that the learned Claims Tribunal has erroneously held the owner liable for payment of compensation on the premise that there was breach of the terms and conditions of the insurance policy.

5. Brief facts of the cases, in a nutshell, are that, on 19.04.2016 at about 1.00 PM, Mukesh Kumar Bhandari along with Mannu Lal Naik was travelling on a motorcycle bearing registration No.CG-07-3436 from village Chikhlakasa to Dalli Rajhara for purchasing wedding materials. When they reached near Atal Chowk, a truck bearing registration No.CG-07-CA-6418 (for short ‘offending vehicle’), coming from Dalli Rajhara side, was driven rashly and negligently and dashed the motorcycle, as a result of which, both the claimants (driver as well as pillion rider) fell down and sustained grievous injuries over their persons.

6. The claimants have filed separate claim applications being Claim Case Nos.78/2016 and 79/2016, respectively claiming compensation to the tune of Rs.20,28,000/- and Rs.27,88,000/-, respectively under various heads.

7. Non-applicant No. 2, i.e. owner of the offending vehicle filed his written statement and denied the allegations, disputed the income of the claimants and contended that the accident occurred due to the rash and negligent driving of the claimant. It was further pleaded that if liability arose, the same rested with the insurer.

8. Non-applicant No. 3 (insurance company) by filing the separate written statement also denied the claim, alleging contributory negligence on the part of the claimant, exaggeration of injuries, and breach of policy conditions. It was contended that the claimants themselves were responsible for the accident, and therefore, the claim applications were liable to be dismissed.

9. On appreciation of the pleadings as well as the oral and documentary evidence brought on record by the respective parties, the Claims Tribunal awarded a sum of Rs. 1,58,804/- in Claim Case No. 78/2016 and a sum of Rs. 12,39,348/- in Claim Case No. 79/2016, fastening the liability to satisfy the award upon the owner of the offending vehicle. The Tribunal further directed that the Insurance Company shall first satisfy the amount of compensation and thereafter recover the same from the owner of the offending vehicle, as there was a breach of the terms and conditions of the insurance policy.

10. Mr. B.N. Nande, learned counsel for the Insurance Company submits that the impugned award passed