Insurers can recover compensation amounts from vehicle owners if driving license violations invalidate coverage under the Motor Vehicles Act.

JUDGMENT :

ARUN KUMAR RAI, J.

1. Heard Mrs. Manish Kumar, learned counsel appearing on behalf of the appellant – Insurance Company, Mr. Girish Mohan Singh, learned counsel for the respondent nos. 1 and 2 i.e. claimants and Mr. P.A.S. Pati, learned counsel for the respondent no. 3 - Owner.

2. The instant Miscellaneous Appeal has been preferred on behalf of appellant - National Insurance Company, against the award dated 31.03.2015 passed in Compensation Case No. 109 of 2012, whereby the District Judge-III-cum- M.A.C.T., Jamshedpur has allowed the application filed under Section 166 of MOTOR VEHICLES ACT , 1988 and awarded compensation to the tune of Rs 3,39,000/- along with interest @ 9% from the date of filing of the suit till its realization

3. Brief facts of the case is that on 04.09.2010 at about 04:30 P.M. in the evening Nand Kishore Ojha, since deceased was returning after completion of his work as an electrician in Gurudwara and was crossing the road near Balti Factory, then he was hit by a tanker bearing Registration No. JH-05H-7415, as the same was being driven in a rash and negligent manner and he got injured and succumbed to injury on the spot itself.

4. On the basis of statement of Ashok Ojha, father of the deceased, an F.I.R. being Olidih (Mango) P.S. Case no. 365/2010 dated 04.09.2010 under Sections 279 and 304 A IPC has been registered against the driver of tanker having Registration No. JH- 05H-7415. After due investigation, charge sheet has been submitted against the driver of the offending tanker. Copy of aforesaid F.I.R. and charge sheet are also available on record.

5. An application under Section 166 of MOTOR VEHICLES ACT has been filed by the parents of the deceased against the owner of the offending tanker having Registration No. JH-05H-7415 and appellant - National Insurance Company, before the Tribunal at Jamshedpur.

6. In the present case, despite service of notice, owner of the vehicle did not turn up in the inquiry, however, National Insurance Company (appellant herein) participated in the inquiry and also filed a written statement (W.S.) denying the claim of the claimants on various grounds.

7. During course of inquiry on behalf of claimants Kiran Devi, Komal Kumari, Ashok Kumar Ojha and Ashok Behra have adduced their respective evidences and applicants brought on record the pay slip (Exhibit-1), certified copy of F.I.R. (Exhibit -2), certified copy of charge sheet (Exhibit -3) and Xerox copy post mortem report (Exhibit – 4).

8. On behalf of O.P. - National Insurance Company (appellant herein), Vishwajeet Mukherjee and Sunil Kumar have adduced their respective evidences. Appellant - National Insurance Company brought on record the dirving licence (D.L.) verification (Exhibit-A), D.L. verification by D.T.O. (Exhibit- B), photo copy of permit (Exhibit- D).

9. After analyzing the material available on record, learned Tribunal passed an award to the tune of Rs. 3,39,000/- as compensation with further direction that one cheque for 40% of the amount in the name of Ashok Kumar Ojha, another cheque for 40% of the above mentioned amount in the name of Kiran Devi, and the remaining 20% of the compensation in the name of Komal Kumari (sister of the deceased). All cheques are to carry interest @ 9% per annum from the date of claim filing until payment and cheques must be issued within 30 days. If any compensation under Section 140 of the M.V. Act has already been paid, the insurance company may deduct th