Liability for compensation in a vehicular accident rests with the insurer when the incident occurs within the policy period and the driver possesses a valid license.

JUDGMENT

1. This is an appeal filed under Section 173 of the MOTOR VEHICLES ACT , 1988 against the impugned judgment and award dated 18.09.2021 passed by the learned Motor Accident Claims Tribunal No.1, West Tripura, Agartala, in Case No.TS.(MAC) No.255 of 2016 and staying of the operation of the impugned judgment and award dated 18.09.2021. Further not to proceed with any execution proceeding if any filed by the claimant respondents in the meantime, till disposal of the present appeal.

2. The fact of the case, in brief, is that, on 25.02.2015 the victim Mamata alias Manera Begum as a gratuitous passenger went to Indranagar, Agartala boarding vehicle bearing No.TR-01-AQ-0228 (Maruti Alto 800) for participating in a religious function of the Muslim Community. On the way back home, when the vehicle reached Ranirbazar, Nalgaria, on Assam-Agartala Road, at about 0.15 hrs of 26.02.2015, while giving pass to another vehicle dashed against a tree on the left side. As a result, Mamata alias Manera Begum and the passengers in the said vehicle sustained serious injuries. With the help of the local people and fire service, they were taken to Ranirbazar PHC, wherefrom they were referred to AGMC & GBP Hospital, Agartala, where the attending doctors declared her dead. Out of the said accident, a police case was registered in Ranirbazar P.S. as Ranirbazar P.S U.D. Case No.02 of 2015, under Section 174 of Cr.P.C. following GDE No.960.

3. Subsequently, a claim petition was filed by the claimant-respondents claiming compensation to the tune of Rs.10,92,000/- for the death Mamata @ Manera Begam being the daughter-in-law of the respondents No.1 & 2 in a vehicular accident occurred on 26.02.2015.

4. The owner-respondent i.e. the O.P. No.1, owner of the offending vehicle bearing No. TR-01-AQ- 0228(Maruiti Alto 800) contested the case by filing a written statement stating that at the time of the accident, the driver of the alleged vehicle was having a valid driving license. On the alleged date of the accident, the vehicle had all documents like registration certificate, tax token, insurance certificate, etc. The accident did not occur due to the rash and negligent driving of the alleged offending vehicle. Further, the vehicle in question is/was insured with the appellant Insurance, Co. at the relevant time of the accident, and if there is any compensation that is to be borne by the appellant, Insurance Company.

5. The appellant, Insurance Company also contested the case by filing a writing statement denying and disputing the monthly income, age, profession, and all other claims of the claimant respondent and prayed for dismissal of the claim petition. The appellant, Insurance Company also pleaded that the vehicle was a private vehicle and carried passengers. The said accident took place as the driver of the said vehicle was in a drunken condition at the time of the alleged accident.

6. After considering the written statement, evidence and the argument advanced by the appellant- Insurance Company, the learned Tribunal fastened the entire liability of compensation of Rs.6,80,000/- against the appellant, Insurance Company along with the stipulated rate of interest.

7. Mr. S. Debnath, learned counsel appearing for the appellant, Insurance Company argued that the vehicle in question is authorized to carry only 1+3 passengers and beyond that, the concerned Maruti Vehicle is not eligible to carry any passenger beyond its seating capacity. The learned Tribunal has not considered the authorized seating capacity of the concerned Maruti Alto vehicle and passed the award against the appellant, the Insurance Company. Further, learned counsel appearing for the appellant, Insuranc