Vijayakumar v. Manager, Bajaj Allianz General Insurance Co Ltd
2020-11-03
NATARAJ RANGASWAMY
body2020
DigiLaw.ai
JUDGMENT Nataraj Rangaswamy, J. - This appeal is filed by the owner of the offending vehicle bearing registration No.KA-13-TR-2297 and a trailer bearing registration No.KA-13-T-0708, seeking to set-aside the Judgment and Award passed by the Tribunal. 2. A claim petition filed by the respondent Nos.2 to 5 herein under Section 166 of the Motor Vehicles Act claiming compensation of a sum of Rs.5,00,000/- was considered by the Tribunal and a sum of Rs.1,80,000/- was awarded along with interest at the rate of 6% per annum from the date of petition till the date of deposit. 3. The Tribunal noticed that the vehicle in question was driven by Sri.Kalegowda at the time of accident. The Tribunal noticed that the vehicle in question was covered by a commercial vehicle package policy and that the driver was holding a licence to drive a tractor and trailer and therefore, held that the driver of the offending vehicle did not hold a valid driving licence as on the date of accident. The Tribunal therefore, fixed the liability of paying the compensation upon the owner of the tractor-trailer. The owner of the tractor-trailer has therefore, filed this appeal. 4. The counsel for the appellant contended that the driver of the tractor-trailer possessed a valid driving licence to drive the non-transport vehicles and that the Apex Court in the case of Mukund Dewangan Vs. Oriental Ins.Co.Ltd, (2017) 14 SCC 663 , held that not possessing the licence to drive a tractortrailer would not obliterate the responsibility of the insurer to pay the compensation. 5. Per contra, the learned counsel for the insurer did not dispute the fact that in view of the Judgment of the Apex Court in the case of Mukund Dewangan, non possessing of a licence would itself not exonerate the insurer to pay the compensation. 6. In that view of the matter, the driver of the offending vehicle did possess a licence to drive the nontransport vehicle, which as per Section 41(4) of the Motor Vehicles Act includes a tractor-trailer and it has to be held that the driver of the vehicle was licenced to drive a tractor-trailer in question. Hence, the insurer is liable to pay the compensation awarded by the Tribunal. 7.
Hence, the insurer is liable to pay the compensation awarded by the Tribunal. 7. In that view of the matter, this appeals is allowed and the impugned Judgment and Award fastening the liability to pay the compensation upon the owner of the offending tractor-trailer is set-aside and the insurer is directed to pay the compensation as awarded by the Tribunal. 8. The statutory amount in deposit shall be transferred to the Tribunal for necessary orders. 9. In so far as the interest of 813 days in filing this appeal, it is the owner who is responsible for the delay and therefore, the owner is liable to pay the interest at the rate of 6% per annum for the delayed period of 813 days.