An insurance company cannot avoid liability for a third-party claim based on a fake driving licence unless it successfully proves a willful breach of policy conditions by the insured, with the employer having no mandatory duty to verify the licence's genuineness with the issuing authority.

SUDEEPTI SHARMA, J. (Oral)

1. The present appeal has been preferred by the Insurance Company against the award dated 17.11.2001 passed by the learned Motor Accident Claims Tribunal, Fatehabad (for short, “the Tribunal”), whereby the claimants were granted compensation of ₹17,71,000/- along with interest at the rate of 7.5% per annum. The appellant–Insurance Company, being aggrieved thereby, has preferred the present appeal, assailing the award both on the quantum of compensation as determined as well as on the liability fastened upon it to satisfy the same.

BRIEF FACTS OF THE CASE

2. Brief facts of the case are that on 29.04.2016 at about 8:50 A.M. Narender Singh (deceased) along with his friend Bharat Jindal son of Ramesh, resident of Bhikhi, District Mansa was going to petrol pump at Rattangarh to Budladha Road, on motorcycle bearing registration No.PB-31J-5780 for getting filled petrol after serving in Gaushala Rattangarh and Hardev Singh son of Amar Singh, resident of village Reyond Kalan, District Mansa was also going to petrol pump at Rattangarh to Budladha Road, on motorcycle bearing registration No.PB- 31G-8092 for getting filled petrol after serving in Gaushala Rattangarh and Narender Singh and his friend Bharat Jindal were going ahead of the motorcycle of said Hardev Singh and when they reached at Rattangarh Chowk, in the meantime, the offending vehicle Bus bearing registration No.HR-62-3765 driven by its driver Bogh Singh respondent No.1 at a very high speed, rashly, negligently, in careless and zig-zag manner, without adhering to the traffic rules, came from the opposite side and struck into the motorcycle bearing registration No.PB-31J-5780 of deceased Narender Singh straightway and as a result of which, Narender Singh and his friend Bharat Jindal sustained multiple, grievous and serious injuries on their person and after the accident Narender Singh was being taken to CHC Ratia but the injuries sustained by him proved fatal and he succumbed to the injuries on the way to hospital. Post mortem of the dead body of Narender Singh was conducted at General Hospital, Fatehabad. A case bearing FIR No.271 dated 29.04.2016 under Sections 279, 337, 304-A IPC was registered at Police Station Ratia against the driver of offending vehicle on the statement of Hardev Singh, being eye witness of the accident and respondent No.1 is still facing trial for causing this accident before the court of law at Fatehabad. As per the petitioners, the accident took place purely and exclusively due to rash and negligent driving of the driver i.e. Bogh Singh of the offending vehicle Bus bearing registration No.HR-62-3765, under the authorization of its owner respondent No.2 and the said vehicle is insured with respondent No.3 and therefore, all the respondents are jointly and severally liable to pay the compensation as prayed for.

3. Upon notice of the claim petition, respondent No.6 and 7 (respondent No.1 and 2 before the Tribunal) appeared and contested the claim petition by filing written statement denying the factum of accident/compensation.

4. From the pleadings of the parties, the Tribunal framed the following issues:-

1. Whether accident dated 29.04.2016 resulting in death of Narender Singh occurred on account of rash and negligent driving of vehicle No.HR-62-3765 by respondent No.1?OPP

2. Whether the claimants are entitled to compensation as prayed, if so, to what extent and from whom?OPP

3. Whether the driver of offending vehicle was not holding a valid and effective driving licence on the date of accident and the vehicle