The court emphasized the importance of a valid, effective, and proper driving licence for the driver of a vehicle and interpreted the Jharkhand Motor Vehicle Rules to determine the status of the deceased as a passenger.

ORDER :

1. This appeal is at the instance of the owner of the offending vehicle challenging the judgment and award dated 20.08.2016 passed by the District & Additional Sessions Judge I-cum-Motor Vehicle Accident Claim Tribunal, Koderma in Claim Case No. 04 of 2008, whereby compensation amounting to Rs. 3,51,500/- along with interest at the rate of 6% per annum from the date of filing of claim application till its realization in equal share has been awarded and the appellant has been directed to pay the compensation amount to the claimants within 30 days, failing which claimants have been held to be entitled to recover the amount through process of law with a penal interest at the rate of 9% per annum from the date of filing of the claim petition.

2. On 10.10.2007 at about 06.30 a.m. the deceased Jeetn Das and one Umesh Das, the another deceased, were told by the owner of the bricks that a truck loaded with bricks is arriving and the bricks loaded in the truck has to be unloaded near the D.A.V. School and there is need of some labourers to unload the bricks loaded in the truck. Accordingly, these two persons and other labourers sat in the truck, whereafter driver of Truck No. JH-02E-1248 started driving the truck in very rash and negligent manner. The labourers had asked the driver to drive the vehicle slowly but he did not care and continued to drive the truck in the same manner. At about 07.30 a.m. near D.A.V. School, the truck turned and the labourers sitting on the truck came under the truck as a result of which the deceased and other labourers sustained serious injury.

3. Claim application being Claim Case No. 04 of 2008 was filed by the wife of the deceased Jeetn Das, namely, Shanti Devi and her daughters and sons, who are respondents herein. They claimed the deceased to be aged about 45 years. It was their case that the deceased was engaged as Daily Wage Earner and his monthly income was Rs. 3,000/- per month.

4. On notice, the opposite parties 1 and 2, i.e. owner and driver of the offending truck appeared before the Tribunal and filed their written statement, stating that the deceased was engaged by the owner of bricks and denied that the deceased was travelling on the said truck and the accident was caused due to rash and negligent driving of the truck. They also stated that the truck was insured with the opposite party No. 3 the New India Assurance Co. Ltd. and the Insurance Policy No. 540604/31/06/00003884 was effective from 07.12.2006 till 06.12.2007. They stated that at the time of accident, driver had valid and effective driving licence. According to them, they have not committed any breach of terms and condition of policies.

5. Opposite Party No. 3, the New India Assurance Co. Ltd. also appeared and had filed written statement, pleading that unless the owner of the vehicle produces and proves the requisite documents, the Insurance Company shall not be held liable to indemnify any liability of owner of vehicle whatsoever made by the claimant.

6. On the basis of the pleadings of the parties, the Tribunal framed the following issues:

1. Is the claim case as framed maintainable?

2. Whether the occupant of vehicle were covered under policy?

3. Whether D/L of driver of offending vehicle was enforce at the time of accident?

4. Has the claimants got any valid cause of action for the claim case?

5. Did the accident occurred due to rash and negligent driving by the driver of the offending vehicle?

6. Was the offending vehicle insured with the New India Assurance Co. Ltd. at the time of accident?

7. Is the applicant entitled for compensation, if yes, what amount and from whom?

7. The claimants, in support of their claim, had examined two witnesses, namely CW-1 Santosh Kumar and CW-2 Kishore Rabidas. Apart from oral evidence, claimants also filed the following documents, which were not exhibited in this case:

1. Certified copy of F.I.R. of Jainagar P.S. Case No. 75/07.

2. Certified copy of Charge-sheet of Jainagar P.S. Case No. 75/07.

3. Cer