JUDGMENT S.P. Srivastava, ACJ.
1. Heard the learned Counsel for the insurer-appellant.
2. The Insurer appellant has filed this appeal under Section 173 of the Motor Vehicles Act feeling aggrieved by the award of an amount of Rs. 2,84,000/- as compensation together with simple interest at the rate of 9% per annum to the claimant respondents in the proceedings under Section 166 of the Motor Vehicles Act on account of the untimely death of Rajesh, who was aged about 22 years in an accident involving the offending motor vehicle.
2. The Tribunal after considering the evidence and the materials brought on record, had come to the conclusion that the offending motor vehicle was being driven rashly and negligently at the time of the accident. The Tribunal was also of the view that the driver of the offending motor vehicle did not have any licence authorising him to drive the said vehicle. The income of the deceased was found to be Rs. 2,000/- p.m. and the extent of the dependency taking into account the number of the family members was determined to be Rs. 16,000/- p.a. The Tribunal had utilised the multiplier of 17 for determining the amount of compensation assessed at the figure of Rs. 2,72,000/-. An additional amount of Rs. 10,000/- was awarded to the wife of the deceased on account of the mental agony and loss of consortium, etc. and Rs. 2,000/- to funeral expenses.
3. Having come to the conclusion that the driver of the offending motor vehicle was not having a valid licence, the Tribunal was of the view that there was a breach of the terms and conditions subject to which the policy had beeen issued covering the risk. It was also clarified that in case the entire amount due under the impugned award is paid to the claimants, the insurer will be entitled to get the said amount refunded from the owner/insured.
4. Learned Counsel for the appellant has tried to assail the findings returned against the appellant by the Tribunal but could not demonstrate that these findings can be taken to be suffering from any such legal infirmity which may justify any interference therein by this Court. These findings are amply supported and warranted by the evidence brought on record.
5. In the present case, the insurer appellant was required to discharge the statutory liability cast upon it for the payment of the awarded amount to the claimants. The inter se dispute between the owner/insured and the present appellant in regard to any breach of the terms and conditions of the insurance policy could be decided in appropriate proceedings initiated by the insurer appellant against the owner/insured after the amount of compensation had been paid to the claimants.
6. So far as the claimants are concerned on the findings returned by the Tribunal, referred to hereinabove, no interference is called for in the impugned award by this Court.
7. The appeal is, accordingly, dismissed in limine leaving it open to the insurer appellant to initiate appropriate proceedings for the refund of the amount paid to the claimants from the owner/insured in accordance with law.
8. As prayed, the amount of Rs. 25,000/- deposited in this Court under Section 173 of the Motor Vehicles Act be remitted to the concerned Motor Accident Claims Tribunal so that it may be adjusted against the amount to be paid to the claimants.