In motor accident compensation claims, the insurer bears the burden of proving that the owner of the vehicle committed a willful violation of insurance policy terms by knowingly employing an unlicensed driver, and the standard of proof is based on the preponderance of probabilities.

Virender Singh, Judge

Appellant-Oriental Insurance Company has filed the present appeal, under Section 173 of the Motor Vehicles Act, (hereinafter referred to as the ‘M.V. Act’), against the award dated 06.08.2018, passed by learned Motor Accident Claims Tribunal-II, Solan, District Solan, H.P., (hereinafter referred to as ‘the Tribunal’), in MAC Petition No.12-NL/2 of 2015, titled as Shailender Tiwari versus Karam Chand and others.

2. While, deciding the above titled claim petition, learned Tribunal has allowed the claim petition filed by the respondent-Shailender Tiwari and awarded a sum of Rs.20,75,600/- with interest at the rate of 8% per annum, against the respondents. However, ultimate liability to pay the amount has been fastened upon the appellant-Oriental Insurance Company.

3. For the sake of convenience, parties to the present appeal, are hereinafter referred to, in the same manner, in which, they were referred to by the learned Tribunal.

4. Brief facts, leading to filing of the present appeal, before this Court, may be summed up, as under:-

4.1. Petitioner-Shailender Tiwari has filed the claim petition, under Section 166 of M.V. Act, seeking compensation, on account of multiple injuries/disability sustained/suffered by him, in a motor vehicular accident, involving Vehicle No.HP-64B-2925 (hereinafter referred as ‘the offending vehicle’), against the respondents, being owner, driver and insurer of the offending vehicle.

4.2. According to the petitioner, accident had taken place on 28.08.2014 at about 9:30 AM, when, he, along with his brother, was going on Motorcycle No.HP-14CT-6258. When, they reached near Harraipur, Tehsil Baddi, District Solan, meanwhile, offending vehicle, came there being driven by respondent No.2, in a rash and negligent manner and hit the motorcycle. Resultantly, the claimant fell down and sustained injuries. After the accident, claimant was firstly taken to Malhotra Hospital Baddi, from where, he was shifted to ESI Hospital Katha and then, Government Medical College and Hospital, Sector-32, Chandigarh, where, he remained admit. At the time of accident, petitioner was about 28 years of age and was working as Operator Printing in Nugenic Pharma Private Limited, 69-A, EPIP, Phase-I, Jharmajri, District Solan. His salary has been pleaded to be Rs.22,000/- per month, which includes Rs.13,500/- as basic salary, plus overtime charges.

4.3. It is his further case that due to the accident, he has become permanently disabled and is suffering from 100% functional disability. The claimant has pleaded about his bright past and bleak future.

4.4. Since the accident in question has solely been attributed to the rash and negligent driving of respondent No.2, while driving the offending vehicle, as such, the claimant has sought the amount of compensation of Rs.60,00,000/-, along with interest @12% per annum, from the respondents.

5. When, put to notice, the claim petition has been contested by the respondents. Respondents No.1 and 2 have filed their joint reply, in which, they have pleaded that no accident had taken place with the offending vehicle. The FIR has falsely been lodged. Other contents of the claim petition have been denied.

6. Oriental Insurance Company insurer of the offending vehicle has filed its separate reply, by taking preliminary objections, that the claim petition is not maintainab