Research › Search › Judgment

Patna High Court · body

2014 DIGILAW 859 (PAT)

Divisional Manager United India Insurance Company Ltd. v. Bedama Devi

2014-08-07

RAKESH KUMAR

body2014
Rakesh Kumar, J. – Heard the parties. 2. The present appeal has been preferred under Section 173 of the Motor Vehicle Act against the judgment and award dated 16/1/2010 and 4/3/2010 respectively passed by the learned 1st Additional District Judge -cum- Claims Tribunal, East Champaran (hereinafter referred to as “Claims Tribunal), in Claim Case No. 12 of 2003, whereby, the learned Claims Tribunal has allowed the claim case directing for payment of meager amount of compensation amount i.e. Rs. 72,000/-. 3. It is not in dispute that at the time of accident the offending vehicle was under insurance cover of the appellant. However, a plea was taken by appellant that driver of the offending vehicle was not having valid driving licence and the driving licence of driver of offending vehicle was fake. 4. Keeping in view meager compensation amount, the court is not at all interested to interfere with the impugned judgment. It was submitted by learned counsel for appellant that while dismissing the appeal it may be indicated that if the appellant is in a position to establish that driver of offending vehicle was having fake driving licence and this fact was within the knowledge of the owner of the offending vehicle, the insurance company may be granted liberty to avail appropriate remedy for recovery of compensation amount from owner of the offending vehicle. The prayer made by learned counsel for the appellant is allowed. 5. The appeal stands dismissed as withdrawn with liberty as indicated above. 6. In view of dismissal of this appeal, office is directed to remit back the statutory amount, deposited at the time of filing of appeal to the court below for its payment / adjustment from the award amount. 7. In view of dismissal of appeal, the appellant is required to make payment of compensation amount as per award within a period of two months from the date of receipt /production of a copy of this order.