1. By way of this appeal, the appellant has challenged the judgement and award dated 30.03.2009 passed by the Motor Accident Claims Tribunal (Main) Vadodara in Motor Accident Claims Petition No. 926 of 2008 whereby the Tribunal awarded an amount of Rs. 1,54,500/- alongwith interest at the rate of 7.5% per annum from the date of application till realisation.
2. 2. The claimants filed the claim petition under the provisions of Section 163-A of the M.V. Act to get compensation on structured formula basis and claimed Rs. 2,09,500/- on account of accidental death of minor Roshani, who expired due to injuries sustained in the vehicular accident occurred on 08.12.2007. The Tribunal after hearing the parties passed the aforesaid award.
3. Learned advocate appearing for the appellant submitted that the Tribunal committed an error in not exonerating the insurance company. He submitted that the driver of the vehicle insured by the appellant was aged 17 years at the time of accident and therefore was disqualified from holding a valid licence. Learned advocate has relied upon a decision of the Apex Court in the case of United India Insurance Co. Ltd. vs. Rakesh Kumar Arora & Others reported in AIR 2009 SC 24 and submitted that keeping in view the provisions of Sections 4 & 5 of the Motor Vehicles Act, 1988 the question of any willful default on the part of the owner is wholly irrelevant in this case as neither a licence could be granted in favour of the minor nor in fact the driver was holding a valid licence.
4. Learned advocate for the respondent supported the award passed by the Tribunal. He however submitted that the matter may be remanded to the Tribunal for fresh decision regarding the liability of the insurance company of both the offending vehicles.
4. The Apex Court in the case of United India Insurance (supra) has held that the insurance company gets absolved of its liability in a case where the vehicle is driven by minor at the time of accident. It is clear that the driver of the offending motorcycle was minor at the time of the accident and thereby did not hold a valid driving licence. The Tribunal has therefore committed an error in directing the insurance company to make payment of compensation. There is no fruitful purpose in remanding the matter to the Tribunal as there is no question of deciding the liability of the appellant in any case. In that view of the matter, the appellant-insurance company is required to be exonerated.
5. In the premises aforesaid, appeal is allowed. The award of the Tribunal is quashed and set aside qua liability of the insurance company-present appellant. The amount deposited by the insurance company-appellant shall be refunded. However, if the entire amount has been deposited by the opponent no. 5, as the liability is joint and several, it shall be open to the opponent no. 5 to recover from the owner of the vehicle of which the appellant was the insurer. The award of the Tribunal is modified accordingly. No order as to costs.
(K.S. JHAVERI, J.) Divya//