United India Insurance Company Ltd. v. Sunil Kumar
2024-04-09
SATYEN VAIDYA
body2024
DigiLaw.ai
JUDGMENT : Satyen Vaidya, J. Aggrieved against award dated 09.09.2011, passed by learned Motor Accident Claims Tribunal, Ghumarwin, H.P. in MAC Petition No. 37 of 2006, the insurer has filed the instant appeal. 2. Respondent No. 1 (hereinafter referred to as the ‘claimant’) had filed the petition under Section 166 of the Motor Vehicles Act (for short ‘The Act’) impleading the owner, driver and insurer as party respondents. Respondents No. 2 and 3 herein, are the owner and driver, respectively and shall hereafter referred by the same status. The insurer is the appellant before this Court. 3. The claimant had claimed compensation on the premise that he had suffered multiple injuries on his person in a motor vehicle accident that took place on 5. 06.2006 at Upperli Bhager, District Bilaspur, H.P. It was alleged that the appellant was standing in front of the shop alongwith vehicle (Jeep No. HP-24-0121). At about 12:00 noon, Truck No. HP-10-1817, came from Ghumarwin side and hit the appellant. The cause of accident was attributed to the rash and negligent driving of the driver. 4. The claim was resisted by all the respondents. The owner and driver denied the cause of accident to be rash and negligent driving of the driver. Rather, it was alleged that the appellant himself was negligent. 5. The insurer contested the petition on various grounds. One of the objections was that the driver of the offending vehicle was not holding a valid driving license at the time of accident. 6. Learned Tribunal framed the following issues:- 1. Whether the petitioner sustained injuries due to rash and negligent driving of respondent No.2 in an accident which took place on 05.06.2006 involving the truck bearing No. HP-10-1817? OPP 2. If issue No. 1 is proved in affirmative whether the petitioner is entitled for compensation and if so, to what extent? OPP. 3. Whether the petition is not maintainable?OPR-1 4. Whether the petition is bad for non-joinder? OPR 5. Whether the accident was result of contributory negligence on the part of the petitioner and respondent No. 2 as alleged?OPR-3 6. Whether the respondent was not having valid and effective driving licence?OPR-3 7. Whether the vehicle was being driven without any valid R.C. fitness and route permit as alleged? OPR-3. 8. Relief. Issues No. 1 and 2 were decided in affirmative. All other issues were decided in negative. The award of Rs.
Whether the respondent was not having valid and effective driving licence?OPR-3 7. Whether the vehicle was being driven without any valid R.C. fitness and route permit as alleged? OPR-3. 8. Relief. Issues No. 1 and 2 were decided in affirmative. All other issues were decided in negative. The award of Rs. 1,50,000/- alongwith interest @ 7.5% per annum from the date of filing of the petition was passed in favour of the claimant. Respondents were held liable to pay the award amount with specific directions to the insurer to indemnify the owner by satisfying the award. 7. I have heard learned counsel for the parties and have also gone through the record of the case carefully. 8. Learned counsel for the appellant/insurer has confined his argument to the extent that despite proof of the fact that the driver did not have valid driving license on the date of accident, learned Tribunal has fastened the liability on the insurer. 9. Learned counsel for the appellant/insurer referred to the deposition of RW-3 Sh. Susheel Kumar, an official from the office of R & LA, Hamirpur, in support of his contention. RW-3 had deposed that the driver had submitted his license for renewal on 06.06.2006 and on the same day it was renewed. In his cross-examination, this witness also deposed that the license held by the driver expired on 23.04.2006. 10. The accident had taken place on 05.06.2006. Thus, on facts, it is proved that the license held by the driver had expired on 23.04.2006 and was renewed on 06.06.2006, on the basis of renewal application submitted on the same day i.e. 06.06.2006. The inference is that on the date of accident, the driving license of the driver was not valid. 11. The owner of the vehicle had also stepped into witness box as RW-1. He deposed that the driver was having a valid driving license, when he was employed by the owner. As per this witness, due care and diligence had been used while employing the driver as regards existence of driving license in his favour. 12. In United India Insurance Co. Ltd. Vs. Lehru and Ors., (2003) 3 SCC 338 and National Insurance Co. Ltd. Vs. Swaran Singh and Ors . (2004) 3 SCC 297 , Hon’ble Supreme Court has held that the owner has no means to verify the genuineness of driving license produced before him.
12. In United India Insurance Co. Ltd. Vs. Lehru and Ors., (2003) 3 SCC 338 and National Insurance Co. Ltd. Vs. Swaran Singh and Ors . (2004) 3 SCC 297 , Hon’ble Supreme Court has held that the owner has no means to verify the genuineness of driving license produced before him. Once the owner had proved that after being satisfied about the driving skills and existence of license of the driver before employing him, he can be said to have taken sufficient caution. On such basis, the plea of the insurer for exoneration was negated. Recently in Rishi Pal Singh Vs. New India Insurance Co. Ltd. and Ors., Civil Appeal No. 4919 of 2022, decided on 26.07.2022, Hon’ble Supreme Court has held as under:- “10. The owner of the vehicle is expected to verify the driving skills and not run to the licensing authority to verify the genuineness of the driving license before appointing a driver. Therefore, once the owner is satisfied that the driver is competent to drive the vehicle, it is not expected from the owner thereafter to verify the genuineness of the driving license issued to the driver.” 13. In the instant case, the allegation is not that the driver was not having any license at all. It has been proved that driver had the license but date of its validity had expired on 23.04.2006. The driver had not taken steps for renewal of license within the stipulated time. Thus, it cannot be said that the owner was not diligent as to the existence of license in favour of the driver, while employing him. It is also not the case that driver was employed by the owner after the expiry of the license of driver. In this background, the owner has discharged his burden and cannot be accused of violating the terms and conditions of insurance policy. Keeping in view the facts of the case and exposition of law, as noticed above, no fault can be found with the impugned award. Learned Tribunal has rightly decided issue No. 4. 14. No other point has been raised on behalf of the appellant in the instant appeal. 15. In result, the appeal fails and is accordingly dismissed. 16. Pending miscellaneous applications, if any, shall also stand disposed of.