The duty of the owner to verify the driver's licence and be satisfied with the driver's competence before hiring, as well as the requirement for the insurer to establish the owner's willful breach in cases of fake licences.

JUDGMENT :

Jyotsna Rewal Dua, J.

Owner of the vehicle is in appeal against an award where-under liability to pay the awarded amount, in the first instance was though fastened upon the Insurance Company, but it was held entitled to recover the same from the owner and driver in accordance with law.

2. Facts:-

2(i) An accident occurred on 30.10.2015, involving Trucks bearing No. HP-11-5104 & HP-11-5448 near Petrol Pump at village Nai Sarli, Tehsil Sadar, District Bilaspur. One Sh. Suraj Kumar alias Lucky, aged 17 years, lost his life in this accident. Claim petition was preferred by his mother seeking compensation of Rs. 40,00,000/-.

2(ii) Learned Motor Accident Claims Tribunal, Bilaspur vide impugned award dated 17.11.2017 held that Sh. Suraj Kumar alias Lucky died due to rash and negligent driving of truck bearing No. HP-11-5448, owned by the present appellant and driven by respondent No.2, Sh. Ashwani Kumar. This finding has not been challenged and has attained finality.

2(iii) Insurance Company in its reply to the claim petition took up a defence that the driver of the offending vehicle did not possess a valid and effective driving licence, therefore, insurer cannot be fastened with the liability to pay any compensation. Learned Motor Accident Claims Tribunal, Bilaspur examined this issue and returned the finding that driving licence has not been proved on record and, therefore, it need not be disproved by the Insurance Company. Accordingly, the finding was given against the appellant/owner of the vehicle.

2(iv) While determining compensation, learned Tribunal considered the notional income of the deceased, a minor aged 17 years, at Rs. 7000/- per month; After deducting 50% of this income towards assumed expenditure by the deceased on himself, the dependency was considered at Rs. 3500/- per month; Applying the judgment of Hon'ble Apex Court in Pranay Sethis case, (2007) ACJ 2700, 40% of the dependency towards future prospective income of deceased was added; Additionally, Rs. 80,000/- as compensation under conventional heads was awarded. In all, compensation amount of Rs. 11,38,400/- was awarded along with interest @ 7.50% per annum from the date of filing of petition till the date of deposit of amount. The liability to pay the amount was fastened upon respondent No.3, Insurance Company, which was held entitled to recover the same from the owner and driver in accordance with law.

3. Since, Insurance Company was held entitled to recover the compensation amount from the owner and driver on account of the finding given by the learned Motor Accident Claims Tribunal, Bilaspur, on issue No.9 framed in respect of respondent No.2/driver not possessing a valid and effective driving licence, therefore, the owner is in appeal against the impugned award dated 17.11.2017, passed by learned Motor Accident Claims Tribunal, Bilaspur. I have heard Mr. Manoj Thakur, learned counsel for the appellant, Mr. T.S. Chauhan, Mr. Virender Thakur and Mr. Jagdish Thakur, learned counsel for the respondents and with their assistance gone through the record.

4. The main points to be examined in this appeal are:-

(i) Whether respondent No.2, possessed a valid and effective driving licence to drive the vehicle in question?

(ii) Even if, respondent No.2 did not possess a valid and effective driving licence for driving the vehicle in question, can the appellant/owner of the vehicle be held liable to discharge the compensation liability towards the claimants?

5. (I) Point No.1:-

Issue No.9, framed by the Learned Motor Accident Claims Tribunal, Bilaspur was as follows:-

"Whether the offending vehicles were being driven by unauthorized persons, who had no valid and effective driving licence to drive the offending vehicle as alleged. If so, its effect?.....OPRs-3 &6."

The onus to prove the above issue was on the insurer.

5(ii) Summary of the evidence led by the parties in this regard may be noticed hereunder:- On behalf of Insurer, Sh. Amandeep Sharma, RW4, produced verificati