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2015 DIGILAW 509 (UTT)

ORIENTAL INSURANCE CO. LTD. v. GHANSHYAM AWASTHI

2015-10-26

SERVESH KUMAR GUPTA

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JUDGMENT : Hon’ble Servesh Kumar Gupta, J. Both these appeals have been preferred by the Oriental Insurance Company Ltd. related to the same accident, though, arising out of the separate judgment granting compensation to the dependants/successors of the deceased, hence, are being taken up together for adjudication. 2. The accident occurred on 15.04.2010 by Uttarakhand Roadways Transport Bus, which was insured with the appellant. The Tribunal has awarded the compensation in the respective two claim petitions bearing nos. 76/2010 and 77/2010 and liability has been fastened upon the Insurance Company. Such judgments have been challenged on the premise that the driver of the bus Sh. Dinesh Pal, did not have the valid driving license at the relevant time and the bus itself did not have any permit to be plied on the road as well as no fitness was there. 3. The Tribunal while deciding the issue no.2 in the impugned judgment has dealt all these arguments. The Tribunal has found valid the registration certificate, which was covered by the Insurance Note and as envisaged under Section 66(3). Since, it was the Government operated passenger bus, hence, no permit was needed. More so, when it was being plied in the territory of Uttarakhand State itself. 4. The Insurance Cover Note did not make the mandatory fitness of the bus at the time of insurance of such bus. There is no Clause in the Cover Note to that effect, so, it will be presumed that before issuing the Cover Note and after taking premium from the Government, the Insurance Company was satisfied about the fitness of the bus. 5. As regards the validity of the driving license, I have perused the LCR and found that the LCR of Mr. Dinesh Pal was valid upto 09.03.2013 w.e.f. 10.03.2010 while, the accident occurred on 15.04.2010. 6. Although, the driving license was initially valid from 10.03.2007 to 09.03.2010 and even for the sake of arguments, it is accepted that it was renewed by the Competent Authority after the date of accident, but with effect from the date of its expiry, then also by no stretch of imagination, it can be inferred that Sh. Dinesh Pal has lost the capability to drive such passenger bus. 7. In the above terms, these appeals have no force and are hereby dismissed. 8. Dinesh Pal has lost the capability to drive such passenger bus. 7. In the above terms, these appeals have no force and are hereby dismissed. 8. Compulsory statutory amount, deposited in the High Court at the time of preferring these appeals, shall be remitted to the Tribunal and the whole amount shall be paid to the claimants as per their respective shares.