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2002 DIGILAW 1850 (ALL)

United India Insurance Co. Ltd. v. Indro

2002-12-05

M.P.SINGH, S.P.SRIVASTAVA

body2002
M. P. SINGH, J. ( 1 ) HEARD the learned counsel for the insurer appellant. The insurer appellant feels aggrieved by the award of an amount of Rs. 3,24,000 along with 9 per cent interest per annum to the claimants on account of the untimely death of deceased Virendra Singh, aged about 35 years, son of the claimants in the accident involving the offending motor vehicle, truck No. DEL 4719 insured by the appellant. ( 2 ) THE claimants had come up with a case that on 19. 5. 1996 at about 6. 15 a. m. in the vicinity of village Jeewana on Meerut-Baraut Marg, Police Station Binoli, District meerut, while the deceased was coming from the jungle side to village Jeewana on cycle he met with an accident by the aforesaid truck, received fatal injuries and died on the spot. The accident had taken place as a result of the negligence on the part of the driver of the offending truck and the aforesaid accident could have been avoided had the driver of the said truck taken proper care, precaution and control over the steering. The deceased was an agriculturist and doing milk business. According to the claimants the deceased was the sole earner and the entire family was dependent on the income of the deceased and due to the sad demise the claimants suffered irreparable loss due to sudden and immature death of the deceased. ( 3 ) THE learned counsel for the appellant submitted that the driver of the offending vehicle was Taimur Ali who had a fake driving licence. The owner of the truck has thus committed breach of the terms and conditions of the insurance policy. ( 4 ) IT has next been contended by the learned counsel for the appellant that there was a breach of terms and conditions subject to which the insurance policy had been issued covering the risk. The contention is that the offending motor vehicle was being driven by a driver who had no valid licence. ( 5 ) THE Tribunal has relied upon the photocopy of the driving licence brought on the record. The Tribunal appears to have been of the view that the insurer could not discharge the onus of proof which lay on it in this matter. ( 5 ) THE Tribunal has relied upon the photocopy of the driving licence brought on the record. The Tribunal appears to have been of the view that the insurer could not discharge the onus of proof which lay on it in this matter. ( 6 ) BE what it may, so far as the statutory liability of the insurer appellant contemplated under the provisions of Motor vehicles Act in the matter relating to the payment of just compensation determined by the Motor Accidents Claims Tribunal is concerned, the mere fact that there was a breach of the terms and conditions subject to which the insurance policy had been issued cannot have the effect of exonerating the insurer of his statutory liability cast upon him in this regard to pay the amount to the third party. ( 7 ) IN such a situation, it is always open to the insurer to get the amount, paid in excess, refunded to it from the owner-insured in appropriate proceedings initiated before the Motor Accidents Claims Tribunal in which proceedings such a dispute can be decided between the insurer and the insured after affording an opportunity of hearing to the insured in accordance with law. ( 8 ) IT will, therefore, be open to the insurer appellant to initiate appropriate proceedings for the refund of the amount paid by it to the claimants and establish the breach of the terms and conditions subject to which the insurance policy had been issued. ( 9 ) THE dismissal of this appeal will not come in the way of the insurer appellant initiating such proceedings. ( 10 ) THE learned Tribunal has discussed the evidence produced by the claimants in detail. No evidence was led by the insurance company. ( 11 ) DECEASED was earning an income of rs. 3,000 per month at the time of accident. The Tribunal applied the multiplier of 13 which is, keeping in view the age of the parents as 50 years and 45 years, just and proper. The compensation awarded is just compensation. ( 12 ) TAKING into consideration the totality of the circumstances as brought on the record, this appeal is totally devoid of merits, which deserves to be and is hereby dismissed in limine. ( 13 ) AS prayed, amount of Rs. The compensation awarded is just compensation. ( 12 ) TAKING into consideration the totality of the circumstances as brought on the record, this appeal is totally devoid of merits, which deserves to be and is hereby dismissed in limine. ( 13 ) AS prayed, amount of Rs. 25,000 deposited in this court by the insurer appellant under section 173 of the Motor vehicles Act be remitted to the Motor accidents Claims Tribunal concerned so that it may be disbursed to the claimants. Appeal dismissed. . .