The court ruled that a breach of terms occurred due to the absence of a valid permit for the vehicle, allowing the insurance company the right to recover compensation from the vehicle owner.

JUDGMENT :

Arun Kumar Rai, J.

1. Heard Mr. Hemant Kumar Shikarwar, learned counsel appearing on behalf of the appellant-The United India Insurance Company Limited. However, no one present on behalf of the respondents/claimants in spite of substituted service of notice (paper publication).

2. The instant miscellaneous appeal has been preferred by the appellant-The United India Insurance Company Limited against the award dated 23.02.2010 passed in Title Claim Suit No. 183 of 2006 wherein the learned 1st Additional District Judge-cum-M.V.A. Claims Tribunal, Jamshedpur has awarded a sum of Rs. 2,94,500/- to the respondents/claimants within 30 days from the date of award and upon failing, the appellant- The United India Insurance Company Limited, is entitled to pay interest @ 12% simple interest per annum from the date of order till final payment.

3. The brief facts of the case is that one Ram Pravesh Paswan was driver of truck (trailer) having Registration No. HR-38H-8012 and the said trailer was coming from Bisoi to Jashpur on 27.04.2003 and when the said trailer reached near Handipuwana Ghati within Jashpur Police Station, District – Mayurbhanj, Orrisa, the said trailer started rolling back and turned turtle, due to which, driver of the vehicle namely Ram Pravesh Paswan died on the spot.

An F.I.R. regarding above said incident has been got registered being Jashpur P. S. Case No. 33 of 2003 under Sections 279 /304A of IPC. The respondents/claimants, including wife, children and parents of the deceased-Ram Pravesh Paswan, filed an application under Section 166 of the Motor Vehicle Act, 1988 (in short M.V. Act, 1988).

The owner of the vehicle and appellant-The United India Insurance Company Limited made opposite parties in the said application and they filed their respective written statement and denied their liability to pay the compensation.

4. On behalf of applicants/claimants, A.W. – 1, Munmun Devi, wife of the deceased-Ram Pravesh Paswan, adduced evidence reiterating the incident and uttering for entitlement of claim.

5. On behalf of opposite parties, O.P.W. – 1, Ashok Kumar Bose, Head Assistant at the office of Insurance Company got examined who proved the report regarding the permit which was seized from the trailer by the police official, submitted by one Sri Rakesh Dabaas, Advocate and got the same marked as Exhibit – A. Apart from O.P.W- 1, C.W. – 1, Mahendra Singh, has also been examined on commission at the behest of Appellant- The United India Insurance Company Limited.

6. After analyzing the material available on record, the Tribunal passed the impugned award dated 23.02.2010 thereby asked the appellant-The United India Insurance Company Limited to pay Rs. 2,94,500/-.

7. Being aggrieved with the above said impugned award dated 23.02.2010, the appellant- The United India Insurance Company Limited preferred this appeal and challenged the award on a very limited point that there was no valid permit to run the trailer and, therefore, liability cannot be foisted upon the appellant-The United India Insurance Company Limited on account of breach of terms and conditions and, therefore, there is liability is that of the owner.

8. Learned counsel for the appellant-The United India Insurance Company Limited drew attention of this Court towards Annexure – A and submitted that the permit which has been seized from the trailer by the police official has been verified from R.T.O. Faridabad by an Advocate namely, Rakesh Dabaas, who has given report that the said permit was not issued in the name of owner of the trailer having R