(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 29.01.2011 made in M.C.O.P.No.157 of 2009, on the file of the Motor Accident Claims Tribunal/Sub Court, Valliyoor.)
The appellant/Insurance Company Limited has filed the present C.M.A(MD)No.851 of 2011, challenging the award passed in M.C.O.P.No.157 of 2009, dated 29.01.2011, on the file of the Motor Accidents Claims Tribunal, Subordinate Court, Valliyoor.
2. The accident took place on 13.07.2009 and the claimant sustained grievous injuries all over the body and the fracture in the leg. The claimant filed the application for compensation before the Motor Accidents Claims Tribunal, Subordinate Court, Valliyoor. By considering the facts and circumstances of the case, the Tribunal awarded Rs.1,60,421/- towards total compensation. Against the award, the appellant/Insurance company preferred this appeal solely on the ground that the driver, who was driving the vehicle has not possessed valid driving licence and therefore, the appellant/Insurance Company is to be exonerated from the liability. Such an exoneration cannot be granted in view of the principles laid down by the Hon'ble Supreme Court of India in the case of Oriental Insurance Company Limited vs. Nanjappan and others reported in(2004) 13 SCC 224 is applied which is extracted below:
8.Therefore, while setting aside the judgment of the High Court we direct in terms of what has been stated in Baljit Kaur's case (supra) that the insurer shall pay the quantum of compensation fixed by the Tribunal, about which there was no dispute raised, to the respondent-claimants within three months from today. For the purpose of recovering the same from the insured, the insurer shall not be required to file a suit. It may initiate a proceeding before the concerned Executing Court as if the dispute between the insurer and the owner was the subject matter of determination before the Tribunal and the issue is decided against the owner and in favour of the insurer. Before release of the amount to the insured, owner of the vehicle shall be issued a notice and he shall be required to furnish security for the entire amount, which the insurer will pay to the claimants. The offending vehicle shall be attached, as a part of the security. If necessity arises the Executing court shall, take assistance of the concerned Regional Transport authority. The Executing Court shall pass appropriate orders in accordance with law as to the manner in which the insured, owner of the vehicle shall make payment to the insurer. In case there is any default it shall be open to the Executing court to direct realization by disposal of the securities to be furnished or from any other property or properties of the owner of the vehicle, the insured. The appeal is disposed of in the aforesaid terms, with no order as to costs.
3. Further, the Tribunal itself considered the principles of pay and recovery and order was passed. Therefore, in respect of other grounds and the findings of the Tribunal, there is no error and accordingly the order of the Tribunal in MCOP.No.157 of 2009, dated 29.01.2011, is confirmed and the Civil Miscellaneous Appeal is dismissed.
4. The appellant/Insurance Company is directed to deposit the entire award amount with accrued interest within a period of four weeks from the date of receipt of a copy of this order and thereafter the respondent / claimant is permitted to withdraw the entire award amount with accrued interest and costs by making necessary applications before the Tribunal. No costs.