1. This appeal is directed against the judgement and award dated 17.04.2004, passed by the Motor Accident Claims Tribunal(Auxi.), Surat, in M.A.C.P. No.1189 of 1989, whereby the tribunal has awarded compensation in the sum of Rs.7,40,000/- to the claimants with interest at the rate of 9% per annum from the date of filing of the petitions till realization.
2. The brief facts leading to filing of this appeal are that on 18.11.1989, one Chandrakantbhai was going from Udhna to Varachha on his Luna Moped. At that time one truck bearing registration No. GQC-5101 came from behind and dashed the moped of Chandrakantbhai, therefore, he fell down and the wheel of the truck passed over his body. As a result of the said accident, Chandrakantbhai died on the spot. Therefore, the legal heirs of the deceased filed claim petition being M.A.C. No. 1189 of 1989 for compensation. The tribunal after hearing learned advocates for the parties and after perusing the record, decided the claim petition and passed the award as stated hereinabove, against which the present appeals are preferred by the appellant-Insurance Company.
3. Learned advocate for the appellant has submitted that the Tribunal has committed an error in holding the Insurance Company liable to make payment of compensation, as at the time of accident, the driver of the Truck was not holding valid and effective driving licence to drive heavy motor vehicle.
4. On the other hand, learned Counsel for the respondents have opposed the appeal and have prayed to dismiss the same, as being without merit.
5. I have heard learned advocate appearing for the appellant and perused the materials on record. It appears from the record that the Tribunal has committed an error in holding Insurance Company liable for making compensation. From the letter of the R.T.O., Gorakhpur at Exh.49 and 50, it is clear that at the time of accident the driver of the Truck was holding licence for light motor vehicle. The License was valid for the period from 22.8.1984 to 21.8.1987, thereafter, it was renewed from 20.3.1990 to 19.3.1993, thereafter it was renewed from 7.9.1996 to 6.9.1999 only for light motor vehicle. The accident in question was occurred on 18.121.1989, therefore, it is clear that at the time of accident the driver of the truck was not holding valid and effective driving license to drive heavy Motor vehicle. Under the circumstances, the appellant- Insurance Company could not be held liable to pay compensation. Hence, the appeal of the Insurance Company deserve to be allowed.
6. For the foregoing reasons, the appeal is allowed. The impugned judgment and award passed by the Tribunal is quashed only qua the extent of imposition of liability on the appellant-Insurance Company to make payment of compensation. It is, however, observed that if the amount deposited before the Tribunal is already withdrawn by the original claimants, the same shall not be recovered from the original claimant and the Insurance Company shall be at liberty to recover the same from the owner of the vehicle. But, if the amount has not been withdrawn by the original claimant, the same shall be refunded to the Insurance Company along with interest and cost, if any. The appeal stands disposed of accordingly. No order as to costs.
[K. S. JHAVERI, J.] pawan