National Insurance Co. Ltd vs Safia Akhter & Ors

Dhiraj Singh Thakur, J

This is an appeal preferred against the judgment and award dated 29.09.2014 passed by the Motor Accident Claims Tribunal, Pulwama, whereby an amount of Rs.3.75 lacs with a simple interest calculated at the rate of 6 % per annum from the date of filing of the claim petition, has been allowed.

Briefly material facts are as under;

A claim petition came to be filed by Safia Akhter in which it was claimed that her minor son Danish Ahmad was hit by a vehicle bearing registration No.JK03-2117(Tipper) which was on its way to Frisal from Shirpora while the said vehicle was driven rashly and negligently by Rayees Ahmad Shergujri- respondent No.1 in the claim petition.

The main ground urged by the Insurance Company in response to the claim petition was that the Company was not liable to pay the compensation on account of the fact that the driver of the offending vehicle was driving the said vehicle without a valid and effective driving license. Based upon the pleadings, the following issues were framed by the Tribunal:-

"1. Whether on 06.11.2007 the deceased Danish Ahmad was attending a marriage party at Frisal and in the meanwhile a tipper bearing registration number 2117/JK03 coming from Shirpora driven by respondent No.1 rashly, negligently and carelessly ran over the marriage party resulting in the death of seven persons including the deceased Danish Ahmad? OPP

In case issue No.1 is proved in affirmative to what compensation the petitioner is entitled to and from whom? OPP

Whether respondent No.1 was not holding a valid and effective driving license, if yes, what is its effect upon the case? OPR4

Whether this Tribunal has jurisdiction to hear the instant claim petition as a charge under section 304 RPC cannot be enquired into by this Tribunal, as such, the alleged act is not covered by the definition of Motor Vehicles Accident? OPR1 to 3

Relief?"

Evidence was lead. Based upon its appreciation, finally an amount of Rs.3.75 lacs was awarded in favour of the claimant, which includes Rs.2.25 lacs on account of loss of dependency, and Rs. 75,000/- on account of future prospects. Further an amount of RS.75,000/- was allowed as non-pecuniary damages along-with the interest of 6% per annum from the date of filing of the claim petition.

Counsel for the appellant-Insurance Company challenges the award impugned only on the ground that on the date of the accident the driver-respondent No.2 in the instant appeal of the offending vehicle did not possess a valid and effective driving license.

It appears that a co-ordinate Bench of this Court in National Insurance Company Ltd. Vs. Shokeena Zargar & Ors., Civil Mis. Appl.(MACT) No.82/2016 connected with Civil Mis. Appl (MACT) Nos. 83/2016, 84/2016, 85/2016, 86/2016 & 177/2015, arising out of the same accident and involving the same vehicle, had gone into the question whether Rayees Ahmad Shergujri driver of the offending vehicle possessed a valid driving license or not.

Based upon the appreciation of the evidence on record, the co-ordinate Bench came to a conclusion that the driver Rayees Ahmad Shergujri did possess a valid driving license having an endorsement for Heavy Goods Vehicle (HGV).

I have no reason to disagree with the finding recorded in the said judgment and order dated 27.04.2017 passed in the case supra.

Be that as it may. The instant appeal is found without any merit, same is accordingly dismissed. The Insurance Company is directed to deposit the balance amount in the Registry of this Court within a period of six weeks from today, which shall be released in favour of the claimants after due and proper verification / identification.