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Punjab High Court · body

2015 DIGILAW 2040 (PNJ)

Manjit Singh Janda v. Amardeep Kaur

2015-11-04

NAVITA SINGH

body2015
JUDGMENT Ms. Navita Singh, J. (Oral):- Counsel for the appellant pointed out from the award that the issues regarding validity of the driving licence and regarding other documents like route permit, fitness and registration certificates, etc., were decided against the Insurance Company by the Motor Accidents Claims Tribunal, Jalandhar, specifically observing that at the time of accident, driver Harbhajan Kumar was holding a valid driving licence and also that the registration certificate and route permit were valid. In spite of the said fact, the Tribunal, while granting the final relief, held that the compensation awarded shall be paid by the Insurance Company to the claimants and after payment of the same, respondent No. 3, i.e. Insurance Company, may ‘if so warranted’ recover the same from respondents No. 1 and 2, i.e. driver and owner of the offending vehicle. 2. It is absolutely beyond comprehension as to under what circumstances right of recovery was given to the Insurance Company and also words ‘if so warranted’ were used in the award. 3. Since the Tribunal was of the clear and unequivocal view that all the documents, i.e. driving licence and other documents relating to the vehicle, were valid, the liability should not have been fastened on the Insurance Company. 4. Since right of recovery was given by the Tribunal, the Insurance Company filed execution petition against the appellant and respondent No. 4. The Insurance Company probably did so in view of the observations made in para No. 25 of the award. Since there was no liability on the owner and driver to indemnify the claimants, the vehicle being validly insured and there being no violation of the terms of the insurance policy, the appeal is allowed and that part of the award where right of recovery was given to the Insurance Company is struke down. The Insurance Company shall have no right to recover the amount of compensation from the driver and owner concerned. 5. A copy of this order be sent to Mr. Vinod Kumar Goyal, the then Motor Accidents Claims Tribunal, Jalandhar.