IMPORTANT POINT
The insurance company is liable for compensation in a motor accident claim when the driver of the offending vehicle is found negligent, and the absence of a valid driving license does not absolve the insurer of liability unless contributory negligence is proven.

JUDGMENT :

PRADEEP KUMAR SRIVASTAVA, J.

Heard learned counsel for the parties.

2. The present miscellaneous appeal has been preferred on behalf of appellant-Sri Ram General Insurance Company Limited for setting aside the judgment/award dated 20.08.2018 passed by Sri Peeyush Kumar, District Judge-I-cum-PO M.A.C.T., Dhanbad in Motor Accident Claims Case No.284 of 2015 and for exonerating the appellant from payment of the award amount.

3. Upon service of notice to the respondent Nos.1 to 4, respondent Nos.1 to 3 appeared in this appeal by filing Vakalatnama. However, no one appeared on behalf of the respondent No.4 in spite of valid service of notice through his wife.

FACTUAL MATRIX

4. One Azad Hussain who was working in Sri Shyam Surgical, Dumka Road, Jamtara was going to Murli Pahari for supplying medicine and reached near Ghati Jungal, meanwhile, a pulsar motorcycle bearing Reg. No. JH-10AM-5570 was coming from opposite direction overloaded with three passengers violently dashed the motorcycle of Azad Hussain causing his instantaneous death. The legal heirs and representatives of the deceased instituted the FIR vide Narayanpur P.S. Case No.120 of 2015 for the offence under sections 279, 337, 338, 304A and 427 of Indian Penal Code against the driver of the offending pulsar motorcycle bearing Reg. No. JH-10AM-5570. Charge-sheet was submitted against one Harikesh Chaudhary who was driving the said motorcycle at the relevant time of accident. The claimants have revealed the age of deceased 37 years at the time of occurrence and he was earning Rs.8,000/-per month from his private service and claimed compensation amount to the tune of Rs.10 lakhs.

5. O.P. No.1-the owner of the offending vehicle bearing Reg. No.JH-10AM-5570 in his written statement, he admits that he is registered owner of the said vehicle but the driver who was driving the vehicle has not been made party in this case. It is further pleaded that one Ritesh Kumar Sharma, S/o Surendra Sharma was duly authorized to drive the said vehicle through notary affidavit dated 31.01.2014. At the alleged time of accident, the driver of the offending motorcycle having valid license and photocopy of the documents of the said vehicle is attached as Annexure-2. There was no fault on the part of the driver of the offending vehicle in the happening of the accident. It is further pleaded that the motorcycle of the opposite party was insured with Sri Ram Insurance Co. Ltd. vide policy No.334028/31/15/001106 w.e.f., 16.01.2015 to 15.01.2016. The opposite party has no knowledge about the age and income of the deceased, since, the vehicle of this opposite party was insured with defendant No.2 Sri Ram Insurance Co. Ltd., hence, all the liability for payment of the compensation is on the insurance company.

6. The opposite party No.2-insurance company denied the factum of the accident by the offending vehicle and also age and income of the deceased but admitted the insurance of the offending vehicle bearing Reg. No.JH-10AM-5570 with this company vide policy No.334028/31/15/001106 w.e.f., 16.01.2015 to 15.01.20216.

It is further pleaded that the driver of the offending vehicle was not holding a valid and effective driving license at the time of accident and was also not qualified for holding and obtaining such driving license, hence, the appellant-insurance company is not liable to satisfy any compensation award due to breach of terms and conditions of the policy. The claimants have also not disclosed the registration number of the motorcycle and its insurer by which the deceased was travelling, which is necessary for effective adjudication of the case. The deceased himself was not holding any valid driving license and the age and income of the deceased is also required to be proved strictly by the claimants and the amount claimed is exorbitant. It is also pleaded that this is case of non-joinder of necessary party in as much as the owner/insurer of motorcycle by which the deceased was travelling are ne