Oriental Insurance Company Limited v. Gulam Hassan Sheikh
2016-09-09
MANSOOR AHMAD MIR
body2016
DigiLaw.ai
JUDGMENT : Mansoor Ahmad Mir, J. 1. Challenge in this appeal is to award, dated 20th May, 2011, made by the Motor Accident Claims Tribunal, Shimla (for short “the Tribunal”) in M.A.C. Petition No. 11S/2 of 2007, titled as Sh. Gulam Hassan Sheikh versus Sh. Ravi Kumar and others, whereby compensation to the tune of Rs.46,000/- with interest @ 8% per annum from the date of institution of the petition till its realization along with costs assessed at Rs.5,000/- came to be awarded in favour of the claimant-injured and against the insurer (for short “the impugned award”). 2. The claimant-injured, owner-insured and driver of the offending vehicle have not questioned the impugned award on any count, thus, has attained finality so far it relates to them. 3. Appellant-insurer has questioned the impugned award on the grounds taken in the memo of the appeal. 4. I wonder why the insurer has filed this appeal. A meagre amount of compensation has been awarded in favour of the claimant-injured and he has been deprived of his rights from the year 2007. The appeal merits to be dismissed with costs. 5. At this stage, learned counsel appearing on behalf of the appellant-insurer argued that the insurer has proved that the driver of the offending vehicle was not having a valid and effective driving licence at the relevant point of time, which is not legally correct. The Tribunal has made discussion in paras 20 to 23 of the impugned award and has rightly held that the driver of the offending vehicle was having a valid and effective driving licence. Even otherwise, it was for the insurer to prove that the driver of the offending vehicle was not having a valid and effective driving licence at the time of the accident, has failed to do so. 6. Having said so, the impugned award is well reasoned and legal one, needs no interference. 7. Registry is directed to release the awarded amount in favour of the claimant-injured strictly as per the terms and conditions contained in the impugned award through payee's account cheque or by depositing the same in his bank account. 8. Viewed thus, the impugned award is upheld and the appeal is dismissed. 9. Send down the record after placing copy of the judgment on Tribunal's file.