Liability for compensation under the Motor Vehicle Act 1988 is established based on evidence of negligence and the fulfillment of policy terms, including valid driving license requirements.

JUDGMENT

I. S. Mehta, J.

1. In the present appeal Bajaj Allianz General Insurance Co. Ltd and Universal Public School has preferred two separate appeals qua the impugned award in DAR proceedings arising from Suit No. 342/16 in respect to FIR No. 165/10 registered at P.S. Preet Vihar, Delhi under Section 279, 304A IPC dated 01.05.2010 wherein the Insurance Company was directed to release the awarded amount in favour of the Claimants with right to recover qua Driver Rinku Kumar and Owner Universal Public School.

2. The brief facts stated are that the Claimants filed a claim petition under Section 166/140 of Motor Vehicle Act 1988, claiming compensation of Rs.1,25,00,000/- (Rupees One Crore Twenty Five Lac Only) on account of death of the deceased Sandeep Verma in a road accident on 01.05.2010. As per the claim petition deceased Sandeep Verma was going towards Madhuban, Preet Vihar on his motorcycle at a normal speed on 01.05.2010 at about 10:30 AM, when he reached in front of Patparganj, opposite to V3S Mall, Preet Vihar a school bus bearing registration No. DL-1VA-6707 (hereinafter referred to as the offending vehicle) having yellow colour and was driven by Rinku Kumar (Driver) at a very high speed, rashly, negligently, without following necessary precautions, without proper lookout, violating the traffic rule and without using horn hit the motorcycle DL-7 SBD 3069 with a great force from behind which caused grievous injuries on the person of the deceased. He was taken to Makkad Medical Centre, Priyadarshani Vihar, Delhi where he was admitted and he later succumbed to his injuries on the same day. The post mortem of the deceased was got conducted at Aruna Asaf Ali, Govt. Hospital, Mortuary, Sabzi Mandi, Delhi. On the basis of DD Entry no. 18A an FIR, FIR No. 165/10 under Section 279, 304A IPC was got registered at P.S. Preet Vihar.

3. The claim petition was filed in the Tribunal against Driver of the offending vehicle Rinku Kumar, Owner of the offending vehicle Universal Public School and Insurer of the offending vehicle Bajaj Allianz General Insurance Co. Ltd. and all were alleged to be jointly liable to pay the compensation to the Claimants in the petition.

4. The Driver and Owner of the offending vehicle has filed the joint written statement where they denied the allegation made in the claim petition and stated that driver of the offending vehicle make Swaraj Mazda was Shyam Chand and not Rinku Kumar. They further stated that they are being falsely implicated in the present case. The vehicle in question duly completed its duty of picking up students and reach to the school at 7 AM and thereafter the same was parked in the school campus till 1:50 PM. It was further stated that Shyam Chand never handed over bus to any other person. The place of the incident, Madhuban chowk, Vikas Marg does not come in the route of the offending vehicle. Notice under Section 133 of Motor Vehicles Act 1988 was issued to school authorities and impounding of bus on 17.10.2010 is without valid reasons and the alleged vehicle is not involved in the accident. The amount claimed is exaggerated and claim petition is liable to be dismissed.

5. The Insurer Bajaj Allianz Insurance Co. Ltd. has filled the written statement and took preliminary objections that the Insurance Company is not liable to pay the compensation amount as Investigating Officer of the criminal case impounded driving license of Driver Rinku Kumar and the same was also verified by the licensing authority and found that Driver Rinku Kumar is not authorized to drive the said bus as he was holding driving license of Motorcycle and LMV which is a violation of terms and condition of the Insurance Policy. Therefore, Insurance Company is not liable and if at all any liability arise the same is of Driver and Owner of the offending vehicle and prays that the claim petition be dismissed.

6. The cl