Exoneration of an insurer based on the absence of a driver's license is erroneous; conductors of dumpers do not require such a license under applicable motor vehicle laws.

JUDGMENT :

MOOL CHAND TYAGI, J.

1. The captioned appeal has been filed against the impugned judgment and award dated 07.02.2018 passed by the learned Motor Accident Claims Tribunal (Aux.), Kheda at Nadiad, in M.A.C.P. No. 147 of 2016, whereby the learned Tribunal partly allowed the claim petition and awarded a sum of Rs. 8,70,800/- (Rupees Eight Lakh Seventy Thousand Eight Hundred Only) along with interest at the rate of 9% per annum from the date of filing the Claim Petition until its realization, as compensation from Respondent No. 1 herein, while the Respondent No. 2 – Insurance Company was exonerated from liability to pay the compensation.

2. The succinct facts, which led to the filing of the instant appeal are summarized as under:-

i. On 16.10.2015 at around 2:30 a.m., Mr. Dharmendrasinh Bhupatsinh Parmar (hereinafter referred to as “the deceased”) was travelling on a Dumper bearing Registration No. GJ-18-AX-6132, owned and driven by respondent no. 1, as a conductor. When they reached the highway road near the railway crossing of Village Ambav, due to the negligent driving of respondent no. 1, the said dumper collided with the rear portion of another dumper, which was in a stationary condition. In the said accident, the deceased sustained serious injuries and consequently succumbed to those injuries.

ii. It is also the case of the appellants/original claimants that at the time of the accident, the deceased was aged about 20 years and was earning Rs.5,000/- per month as a conductor on the dumper.

iii. The notices/summons of the Claim Petition were served on the respondents. Only respondent no. 2–Insurance Company filed its Written Statement at Exh. 11, wherein it denied the averments made in the Claim Petition and also disputed the claimant’s age, income, injuries, expenses etc. In brief, the Insurance Company prayed for the dismissal of the Claim Petition.

iv. Having considered the pleadings of the parties and the material available on record, the learned Tribunal framed the following issues at Exh. 38:-

i. Whether applicants prove that deceased died due to rash and negligent driving on the part of the driver of the vehicle involved in the accident ?

ii. Whether the applicants are entitled to get compensation ? If yes, what amount and from whom ?

iii. What order and award?

v. The following oral as well as documentary evidences were perused by the learned Tribunal to decide the matter:-

vi. Having considered the oral as well as documentary evidences and considering the submissions of the learned counsels for the parties, the learned Tribunal partly allowed the Claim Petition and awarded a sum of Rs. 8,70,800/- (Rupees Eight Lakh Seventy Thousand Eight Hundred Only) along with interest at the rate of 9% per annum from the date of filing the Claim Petition until its realization, as compensation from Respondent No. 1 herein, while Respondent No. 2 – Insurance Company was exonerated from the liability to pay the compensation on the ground that the deceased was not having a d