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2019 DIGILAW 2756 (RAJ)

National Insurance Company v. Punj Raj Singh

2019-10-24

PUSHPENDRA SINGH BHATI

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JUDGMENT Pushpendra Singh Bhati, J. - Despite service, no one has put in appearance on behalf of the respondents. 2. With the consent of learned counsel for the appellantInsurance Company, the matter has been heard finally. 3. This misc. appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant-Insurance Company claiming the following reliefs: "It is therefore prayed that the appeal be allowed, the impugned award be set aside and the claim petition be ordered to be dismissed as against the appellant with costs throughout." 4. The unfortunate accident had happened on 22.11.1996 at about 6:00 am when the deceased Viram Singh was travelling by a truck as Khalasi and the truck in question was hit from behind by another truck bearing registration No.RPA 393, which resulted into the death of Viram Singh. 5. Learned counsel for the appellant-Insurance Company has demonstrated from the record, particularly, a copy of the form No.2.5 issued by the Licensing Authority, Jodhpur, which clearly indicates that the license of the driver was valid upto 26.11.1987 w.e.f. 27.11.1984, admittedly the accident had happened on 22.11.1996, which is much after the expiry of the license. 6. Learned counsel for the appellant-Insurance Company has relied upon the following precedent laws laid down by the Hon'ble Apex Court: Ishwar Chandra & Ors. Vs. The Oriental Insurance Co. Ltd. & Ors.,2007 1 MACD(SC) 416. Ram Babu Tiwari vs. United Indian Insurance Co. Ltd. and Ors.,2008 ACJ 2645. Bhuwan Singh Vs. Oriental Insurance Company Ltd. and Ors., (2009) 5 SCC 136 . 7. After hearing learned counsel for the parties and perusing the record of the case, this Court is of the firm opinion that if the driver was not having a valid driving license then the Insurance Company was entitled to recover the amount of compensation from the owner under the doctrine of pay and recover. 8. Accordingly, the Insurance Company shall be required to satisfy the award by paying the compensation amount to the claimants and thereafter, shall be free to recover the same from the owner. The rate of interest @ 12% granted in the impugned award is substituted by 9%. All the pending applications stand disposed of.