[1] By way of this appeal, the appellant has challenged the judgment and award dated 11.07.2000 passed by the learned Motor Accident Claims Tribunal (Main), Sabarkantha at Himmatnagar in Motor Accident Claims Petition No.626/1990 whereby the learned Tribunal allowed the petition and awarded compensation in sum of Rs.75,500/- along with interest at the rate of 12% p.a from the date of filing the petition till realization.
[2] The facts of the present case are that the vehicular accident occurred on 09.03.1990 on Shamlaji - Modasa Road. In the said accident, the claimant sustained fracture injury on his right thigh and sustained various injuries on other parts of his body and, therefore, the claimant filed claim petition being M.A.C.P. No.626/1990 claiming compensation in the sum of Rs.1,20,000/- and consequently enhanced his claim to Rs.2,00,000/-.
[3] Learned advocate for the appellant submitted that the accident took place in the year 1990. He submitted that the learned Tribunal has not properly appreciated the fact that the Hon'ble Supreme Court in categorical terms has held in the case of New India Assurance Company Limited Vs. Mandar Madhav Tambe, reported in 1996 ACJ 253 that when the driver has not got a valid licence, the Insurance Company cannot be held liable. He further submitted that the Hon'ble Supreme Court in the case of New India Assurance Company Limited Vs. Sitabai and ors, reported in 2000 ACJ 40, has held that if there is no valid policy at the time of accident, the Insurance Company cannot be held liable and that decision was rendered while deciding the matter under section 95 and section 92(a) of the Motor Vehicles Act. He submitted that the Tribunal accepted the fact that the driver had no valid licence, and passed a decree against the Insurance Company which is against the law and in total disregard to the Supreme Court decision. He, therefore, urged that the appeal is required to be allowed and the impugned judgment and award of the Tribunal is required to be quashed and set aside.
[4] Learned advocate for the respondent has submitted that the issued involved in the present appeal is squarely covered by the decisions of the Hon'ble Supreme Court in the case of Oriental Insurance Co. Ltd. v. Alpaben Wd/o Jigishbhai N. Dalai, reported in AIR 2008 Gujarat 122 and in the case of National Insurance Company Limited Vs. Parvathneni and another, reported in (2009) 8 SCC 785 and, therefore, the present appeal is not required to be entertained and the same is required to be dismissed.
[5] Heard learned advocates for respective parties and perused the evidence on record; considering the facts and circumstances of the case, it appears that the Tribunal has awarded compensation which is just and proper and the issue involved in the present appeal is also squarely covered by the decisions of the Hon'ble Supreme Court and in that view of the matter the present appeal is required to be dismissed.
[6] In above view of the matter, I am of the considered opinion that the Tribunal was completely justified in awarding the compensation in favour of the claimant. I find that the findings recorded by the Tribunal are absolutely just and proper and in recording the said findings, no any error has been committed by the Tribunal.
[7] I am, therefore, in complete agreement with the findings, ultimate conclusion recorded by the Tribunal and hence, I find no reason to interfere with the same and the appeal is devoid of merits. Hence the appeal is dismissed.
[8] In view of the order passed in First Appeal No.3133 of 2000, the Cross Objection No.131/2009 stands disposed of.
[ K. S. JHAVERI, J. ] vijay Top