New India Assurance Co. Ltd. v. Kuldeep Kumar & Anr.
2016-09-29
RAMALINGAM SUDHAKAR
body2016
DigiLaw.ai
JUDGMENT 1. This appeal is of the year 2010 and the same is filed by the Insurance Company in respect of accident which happened on 20.04.2005. The claimant – Kuldeep Kumar was travelling on scooter as a pillion rider and the same was hit by a load-carrier driven in rash and negligent manner by its owner/driver and the said vehicle was insured with the appellant Insurance Company. 2. On the finding of negligence on the part of the owner/driver and the liability of the owner/driver to compensate the claimant is not disputed. The only dispute raised by the Insurance Company is that liability of the Insurance Company should be exonerated on the ground that the owner/driver of the offending vehicle did not hold a valid endorsement to drive the transport vehicle. On this plea, the appeal has been filed by the Insurance Company. 3. The evidence led in by the appellant Insurance Company has not been rebutted by the owner/driver of the vehicle and he remained exparte. 4. Since there is no dispute about the quantum of compensation granted, the same is confirmed. Considering the fact that the driver is also owner of the vehicle who did not have a valid endorsement to drive the vehicle, the appellant Insurance Company is entitled to pay the compensation to claimant – Kuldeep Kumar, who will be at liberty to withdraw the same, if not already withdrawn and recover the same from the owner/driver of the vehicle. 5. The appeal is allowed in the above terms.