Court No. - 27
Case :- FIRST APPEAL FROM ORDER No. - 1220 of 2002 Appellant :- Ram Shanker Tiwari & Another Respondent :- Siyaram Sharma & Others Counsel for Appellant :- R.K. Pandey,S.K. Shukla Counsel for Respondent :- Ram Murat Singh,A.K. Singh,Ram Murat Singh,Ram Singh,V.S. Chauhan
Hon'ble Dr. Kaushal Jayendra Thaker,J.
1. Heard Sri R.K. Pandey, learned counsel for appellant, Sri V.S. Chauhan and Ram Singh, learned counsel for claimant- respondent and Sri N.K. Srivastava, learned counsel for The Oriental Insurance Company Limited.
2. This First Appeal From Order has been filed under section 173 of Motor Vehicle Act, 1988 (hereinafter referred to 'Act, 1988') by appellant, being aggrieved by order dated 18.4.2002 passed by the Motor Accident Claims Tribunal/Special Judge ( DAA), Banda in MACT No.150/70.
3. The tractor trolley was involved in the accident is not in dispute. It was insured with the Insurance Company namely, respondent no. 2 is not in dispute. The Tribunal held that the driver was driving the tractor and was not having valid driving licence and the Tribunal exonerated the Insurance Company. The issue that the negligence was that of the driver of tractor No. U.P.90 A-4837 has been proved. The deceased died out of vehicular accident is not in dispute. The vehicle was insured with Insurance Company was also not in dispute and is proved that it was insured with the respondent. The licence was for driving of the tractor. He was the paid employee. The driver was holding a valid driving licence.
4. I am supported in my view by the decision of Apex Court report in Mukund Dewangan Vs. Oriental Insurance Company Limited, A.I.R. 2017 (SC) 3668 and Sant Lal Vs. Rajesh & Others, AIR 2017 SC 4054 hence, it cannot be said that the driver did not have proper driving licence.
5. Appeal is partly allowed. The award is of the year 2002 hence, if the appellant has deposited the amount, the Insurance Company shall indemnify the owner and if the amount still not paid in the execution proceedings, they shall be deposited by the Insurance Company. Either of the exercise should be completed by the Insurance Company within 12 weeks from today.
6. Amount of Rs. 25,000/-, deposited in the Registry, shall be remitted to Court below forthwith for refunding to the appellant.
7. Record and proceedings, if any, be sent immediately to the Trial Court.
Order Date :- 23.2.2018 Mukesh