PRADEEP AGRAWAL Vs. NEELCHAND KAUSHIK

JUDGEMENT

(1.) Fixation of a total sum of Rs. 95,600/- as the compensation payable by the Owner and Driver of the Motorcycle involved in a road traffic accident in respect of the injuries sustained by a Cyclist is put to challenge at the instance of the Owner of the offending vehicle in this appeal.

(2.) The accident took place on 10.10.2011. The Claimant was proceeding on his bicycle, when he was knocked down by the Motorcycle bearing No. CG-07 AB 7068, owned by the Appellant, driven by the 2nd Respondent and insured by the 3rd Respondent, causing serious injuries, which was sought to be compensated by filing a Claim Petition before the Tribunal. The Claim Petition was resisted from the part of the rider and owner of the Motorcycle mainly contending that the Motorcycle was being ridden with proper care and caution and that there was no rashness or negligence on the part of the Rider; at the same time, attributing negligence solely on the part of the Cyclist. The

(3.) rd Respondent-Insurance Company contented that the Motorcycle was being ridden by the 2nd Respondent, without possessing a valid and effective driving license at the relevant time and hence there was violation of the statutory / policy conditions, by virtue of which the Insurer was not liable to satisfy the claim. 3. On culmination of the trial, the Tribunal, on the basis of the pleadings and evidence adduced, arrived at a finding that the accident had occurred only because of the negligence on the part of the 2 nd Respondent / Rider of the Motorcycle. With regard to the quantum of compensation payable, the Tribunal awarded a sum of Rs.45,600/- towards the treatment charges, a lump-sum compensation of Rs.25,000/- towards injuries sustained, a sum of Rs.20,000/- towards the pain and suffering and further a sum of Rs.5,000/- towards the special diet, thus, granting a total sum of Rs.95,600/-; which was directed to be satisfied with interest @ 7.5% per annum from the date of filing of the claim petition till its realization, if deposited within two months, or else to pay interest at the rate of '9%' per annum. Observing that there was clear violation of the statutory / policy condition that it was caused to be ridden without any valid and effective driving license, the Respondent-Insurance Company was exonerated from the liability and the amount due under the Award was directed to be satisfied by the 2nd Respondent / Rider and the Appellant - Owner of the Motorcycle. This is under challenge in this appeal at the instance of the Owner of the Motorcycle.