An insurance policy breach due to vehicle unfitness does not exempt the insurer from compensating victims; they may recover from the owner after payment, affirming the principle of 'pay and recover'.

JUDGMENT :

AMITENDRA KISHORE PRASAD, J.

1. As all the three appeals arise out of same accident and common question is involved in it, therefore, they have been clubbed together, heard together and being disposed of by this common judgment.

2. Challenge in all the appeals is to the award dated 07.02.2018 passed by the 6^th Additional Motor Accident Claims Tribunal, Raipur, District Raipur (C.G.) (hereinafter referred to as 'Claims Tribunal') in Claim Case No.471/2015 whereby learned Claims Tribunal allowed claim application of the claimants in part, awarded Rs.45,58,556/- as total compensation along with interest @ 7.5% per annum from the date of filing of the claim application till its realization and fastened the liability for payment of compensation to the non-applicants therein i.e. owner, driver and insurer of the offending vehicle jointly and severally.

3. MAC No.636/2018 has been filed by the Insurance Company while challenging the impugned award whereby the liability was fastened upon the insurer of the offending vehicle.

4. MAC No.619/2018 has been filed by the owner of the offending vehicle questioning the liability fastened upon the owner and driver of the offending vehicle while holding that on the date of accident, the vehicle in question was owned by the appellant and there was breach of policy conditions as there was no fitness of the offending vehicle on the date of accident.

5. MAC No.1680/2018 has been filed by the claimants for enhancement of amount of compensation stating that the Claims Tribunal has awarded meagre amount of compensation, which needs to be enhanced suitably.

6. Brief facts of these appeals, in a nutshell, are that, on 26.06.2015, at about 5.00 PM, Devendra Das Manikpuri (since deceased) was standing on Mandir Hasaud Bus Stand and waiting for Bus, at that relevant time, one Hywa Truck bearing registration No.CG-04/J/6212 (for short, ‘offending vehicle’) coming from Aarang side, dashed Devendra Das Manikpuri, due to which, he fell down and suffered grievous injuries over his person. He was taken to Hospital on 108 Vehicle, but on the way, he succumbed to the injuries. Thereafter, the matter was reported to the Police Station Mandir Hasuad, District Raipur against non-applicant No.1/driver of the offending vehicle bearing Crime No.183/25 for the offence punishable under Section 304-A of the Indian Penal Code, 1860.

7. The legal heirs of Devendra Das Manikpuri have filed an application under Section 166 and 140 of the Motor Vehicles Act, 1988 (for short, ‘M.V. Act’) seeking total compensation of Rs.70,50,000/- on the ground that at the time of accident, the deceased was aged about 28 years, working as Helper Grade-1 at Railway Station Dongargarh (C.G.) and earning Rs.22,854/- per month.

8. Learned Claims Tribunal has issued notice to the owner and driver of the offending vehicle as well as insurer of the offending vehicle.

9. The owner and driver of the offending vehicle have filed their written statement while stating that the driver was driving the vehicle with due diligence and it was not being driven any rash and negligent act. They have further pleaded that on the date of accident, the offending vehicle was duly insured with the Insurance Company and there was valid permit and fitness of the offending vehicle, as such insurer of the vehicle is liable to pay compensation.

10. Written statement was also field by the Insurance Company while stating that the claim application filed by the claimants are not in accordance with law. It was pleaded that on the date of