IMPORTANT POINT
The insurer is liable to pay compensation for passengers in a transport vehicle if the insurance policy covers such passengers, regardless of the driver's alleged lack of a valid license.

ORDER :

Nupur Bhati, J.

[Civil Misc. Appeal No. 321/2014]

1. This appeal has been filed by the appellant/non-claimant (Insurer) of the offending vehicle under Section 173 of the M.V. Act, 1988 assailing the validity of the judgment and award dated 23.12.2013 passed by learned Judge, Motor Accident Claims Tribunal, Hanumangarh (for short, hereinafter referred to as ‘Tribunal’) in Claim Case No.204/2007 : Gyam Devi v. Pratap @ Rampratap & Ors., whereby the learned Tribunal while partly allowing the claim petition preferred by the claimant/respondent No.1 herein, awarded compensation in favour of claimant/respondent No.1 to the tune of Rs.3,23,800/- alongwith interest @ 6% per annum.

2. Briefly stated, the facts of the case are that the claimant Smt. Gyan Devi filed a claim petition before the learned Tribunal claiming compensation of Rs.32,20,000/- on account of death of her son, who list his life in the accident, which took place on 28.02.2007. In the claim petitions, it was inter-alia stated that on 28.02.2007, Ratanlal, son of the claimant Smt. Gyan Devi was coming in the offending vehicle Canter bearing registration number RJ-31-G-0015 while sitting in the nearby seat of the driver. The said vehicle was being driven by its driver/respondent No.1 rashly and negligently and when the said vehicle reached Rawatsar Lakhuwali Road at Hanif Mohd’s Dhani, at 11:30 pm, the vehicle collided to a tree, as a result of which Ratanlal and the driver of the offending vehicle, sustained injuries. The injured were immediately removed to hospital, however, despite providing treatment to Ratanlal for twenty days, he ultimately expired. In the claim petition preferred by Smt. Gyan Devi, it was stated that her son was a salesman and was earning Rs.7000/- per month. An FIR (50/2007) of the said accident was lodged at Police Station Rawatsar, Hanumangarh for offences under Sections 279, 337 and 338 of IPC, wherein after investigation, Challan was filed against the driver of the offending vehicle in the competent court.

3. Thereafter summons were issued to the non-claimants and after service, non-claimant No.2/driver of the offending vehicle filed his reply stating therein that he was the driver of the offending vehicle (RJ-31-G-0015) and on account of technical fault the vehicle, it collided the tree and there was no fault on his part. On behalf of non-claimant/owner, Kundanmal reply was filed alleging therein that the registered owner of the vehicle was Hemendra Gupta and since the vehicle was insured with insurance company, therefore, for payment of compensation, the insurance company was liable to pay the compensation. On behalf of nonclaimant No.3/appellant herein, it was stated that at the time of accident, the driver of the offending vehicle was not having the valid and effective licence. It was further stated that since the vehicle was a transport vehicle and the deceased was travelling in the vehicle, for which no extra premium was charged, therefore, it was not covered. On behalf of non-claimant/registered owner of the vehicle, it was alleged that he sold the vehicle to one Ravindra Singh by way of an agreement to sale and the possession of the vehicle was handed over to Ravindra Singh in the year 2000 and, thereafter the vehicle was sold to Kundanmal (non-claimant No.2) and thus he has unnecessarily been dragged in the lis.

4. On the basis of pleadings of the parties, five issues were framed by the learned Tribunal, which inter-alia reads as under:

1- vk;k dsUVj ua- vkjts&31&th&0015 ds pkyd foi{kh la- 1 izrki mQZ jkeizrki us fnukad 28-02-2007 dks mDr okgu dks ykijokgh ls pyk;k] ftlls mDr ds.Vj esa cSBs jruyky dh e`R;q dkfjr gqbZ\

2- vk;k mDr nq?kZVuk mDr okgu pkyd foi{kh la-1 izrki mQZ jkeizrki mDr okgu ds Lokeh vizkFkhZ la-2 ds fu;kstu esa dk;Zjr gksrs gq, mlh ds fgrkFkZ dk;Z dj jgk Fkk\

3- vk;k foi{khx.k vius fyf[kr dFku esa of.kZr vk/kkjks ij gtkZuk vnk;xh ds nkf;Ro ls eqDr fd;s tk ldrs gS\

4- vk;k izkFkhZ i{k vius nkos esa vafdr jkf'k ;k vU;