National Insurance Company Ltd vs Sh. Vasdev Kukreja & Ors
2009 Latest Caselaw 3398 Del

16
*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                       +       MAC.APP.No.583/2008

%                                     Date of decision: 27th August, 2009



      NATIONAL INSURANCE COMPANY LTD       ..... Appellant
               Through : Ms. Manjusha Wadhwa, Adv.

                      versus

      SH. VASDEV KUKREJA & ORS             ..... Respondents
               Through : Ms. Manjit Chawla, Adv. for R-1
                         Mr. Asutosh Lohia, Adv. for R-2 &R-3.

CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA

1.      Whether Reporters of Local papers may
        be allowed to see the Judgment?

2.      To be referred to the Reporter or not?

3.      Whether the judgment should be
        reported in the Digest?


                               JUDGMENT (Oral)

1. The appellant has challenged the award of the learned

Tribunal whereby compensation of Rs.51,494/- has been awarded

to the claimant.

2. The accident dated 16th August, 2005 resulted in grievous

injuries to the claimant/respondent No.1 who filed the claim

petition before the learned Tribunal.

3. The learned Tribunal awarded Rs.51,494/- to the

claimant/respondent No.1. The appellant contested the claim

petition on the ground that the driving licence of the driver of the

offending vehicle was issued in respect of the motorcycle and

LMV (NT) whereas the driver was driving a commercial vehicle.

The learned Tribunal accepted the plea of the appellant and

directed the appellant to pay the award amount to the claimant

and granted recovery rights to the claimant to recover the award

amount from the owner of the offending vehicle.

4. The only ground urged by the learned counsel for the

appellant at the time of the hearing is that the appellant is not at

all liable to pay the award amount to the claimant and, therefore,

the learned Tribunal should have passed the award against the

owner of the offending vehicle only.

5. Where the driver does not hold any driving licence, the

liability to pay compensation in respect of the accident is of the

driver and owner only and the insurance company is not liable.

However, where the driver is holding a licence but there is some

violation as to the category of the vehicle which the driver is

authorized to drive, the primary liability to pay the award amount

is of the insurance company and the recovery rights are granted

to the insurance company to recover the award amount from the

owner of the offending vehicle.

6. In the present case, the driver of the offending vehicle is

admittedly holding a valid driving licence but there is violation

with respect to the purported category of vehicle being driven by

the driver. In that view of the matter, the learned Tribunal was

justified in passing the award against the appellant.

7. The appeal is dismissed.

8. The appellant has deposited the entire award amount with

the Registrar General of this Court in terms of order dated 7 th

January, 2009. The Registrar General is directed to release the

amount deposited by the appellant to the claimant/respondent

No.1.

9. Learned counsels for the parties submit that the appellant

has not adjusted the statutory amount while depositing the

award amount. The Registrar General is, therefore, directed to

also release the statutory amount to the appellant within two

weeks.

J.R. MIDHA, J AUGUST 27, 2009 s.pal