An insurer has a statutory duty to pay compensation even if it successfully defends a claim, with the right to recover from the vehicle owner.

JUDGEMENT

1. Instant appeal has been preferred by the appellant/claimant against award dated 10.10.2009 passed by the Motor Accidents Claims Tribunal, Jammu (for short the Tribunal), whereby a sum of Rs. 2,70,000/- along with interest at the rate of 7.5% per annum has been awarded as compensation in favour of the appellant/claimant and against the owner of the offending vehicle i.e. Respondent No. 1 herein. It is pertinent to mention here that Respondent No. 3-insurer has been exonerated from its liability to pay the compensation.

2. It appears that on 03.05.2002 while appellant was proceeding on his Scooter, on reaching Last Morh, Gandhi Nagar, Jammu, a Matadoor bearing Registration No. JK02L 0168 came from behind and it collided against the Scooter of the appellant resulting in grievous injuries to him. The accident is alleged to have taken place due to rash and negligent driving of the Matadoor by its driver, Respondent No. 2 herein. The appellant/ injured filed a claim petition before the Tribunal wherein he claimed that due to the accident, he had suffered 20% permanent disability of his left lower limb and that he was earning Rs. 10,000/- per month by running a shop. The age of the appellant was stated to be 34 years.

3. The claim petition was contested only by the insurer whereas the owner and driver of the offending vehicle did not contest the claim petition. In its reply, the insurance company, while denying the occurrence, admitting the currency of the policy of the insurance during the period of the accident. It was further claimed that the driver of the offending vehicle was not holding a valid and effective driving licence at the time of the accident. The respondent-insurer was permitted to take up all defences as are available to an owner.

4. From the pleadings of the parties, the following issues came to be framed:

(i) Whether an accident took place on 03.05.2002 at Last Morh, Gandhi Nagar, Jammu due to rash and negligent driving of offending Vehicle No. JK02L 0186 by its driver/Respondent No. 3 in which petitioner sustained grievous injuries? OPP

(ii) If Issue No. 1 is proved in affirmative whether petitioner is entitled to the compensation; if so to what amount and from whom? OPP

(iii) Whether driver of offending vehicle at the time of accident was not holding a valid and effective driving license? OPR-1

(iv) Whether petitioner has contributed to the accident; if so how? OPR-1

(v) Relief O.P. Parties.

5. Learned Tribunal after recording the evidence came to the conclusion that the accident had taken place due to rash and negligent act of the driver of the offending vehicle bearing Registration No. JK02L 0186 which resulted in grievous injuries to the appellant/claimant. It was also found that the driver of the offending vehicle at the time of the accident was not holding a valid and effective driving license inasmuch as he was driving a transport vehicle whereas his driving license was valid only for driving a light motor vehicle. On the question of quantum of compensation, the learned Tribunal assessed the income of the appellant as Rs. 5,000/- per month and computed the compensation in the following manner:

6. As already noted, the Respondent No. 3-insurer was exonerated from its liability to satisfy the award and the amount was made payable by the owner of the offending vehicle.

7. The claimant has challenged the impugned award on the grounds that the amount of compensation awarded by the learned Tribunal in his favour is on lower side inasmuch as his income has been taken as Rs. 5,000/- per month though he was earning Rs. 10,000/- at the relevant time. It has further been contended that the compensation