- (1.) These appeals were heard analogously and disposed of by this common order as the common question of fact and law are involved therein. For the sake of convenience, Miscellaneous Appeal (C) No. 120 of 2008 is taken up as the lead case.
(2.) The facts in nutshell, necessary for adjudication of the appeals, are as under: 2.1. Miscellaneous Appeal (C) No. 120 of 2008 is the appeal filed by United India Insurance Co. Ltd. under section 173 of the Motor Vehicles Act, 1988 (henceforth 'the Act, 1988') challenging the award dated 10.8.2007 passed by 7th Additional Motor Accidents Claims Tribunal, Raipur (henceforth 'the Claims Tribunal') in the Claim Case No. 23 of 2007. 2.2. On 9.5.2005, the respondent driver Amarjeet Das, while driving the offending truck No. CG 04-ZC 2274 rashly and negligently, owned by the respondent Paras Oil Extraction Limited and insured with the appellant insurance company, caused the death of Hamid Ali (driver of the bus) and also caused injuries to the claimants-respondents of the connected appeals, namely, Annas Bose, Shikha Singh, Ash-wini Singh and Geeta Singh. Claims for compensation were made alleging rash and negligent act. 2.3. The owner and driver of the offending truck filed their written statements opposing the claims. Whereas, the insurance company filed its separate written statement and raised a plea that the driver of the offending truck did not have a valid and effective licence to drive the offending truck and pleaded exoneration from its liability. 2.4. During the course of trial, claimants of the deceased Hamid Ali examined Malka Begum as AW 1 and the minibus conductor Iliyas Mohammed as AW 2. The driver and owner of the offending truck examined conductor Mohammed Javed as NAW 1 and driver Amarjeet Das as NAW 2. Insurance company examined Licence Clerk Rajesh Kumar Bhargava as NAW 1 and Assistant of the insurance company Suresh Kumar Nandeshwar as NAW 2. 2.5. Driver of the offending truck Amarjeet Das deposed that he had a licence to drive heavy goods vehicle. Licence Clerk Rajesh Kumar Bhargava deposed that the driver Amarjeet Das was issued licence as per Exh. NA1 to drive light motor vehicle on 18.6.1998, whereas the endorsement to drive heavy goods vehicle was made on 15.7.2005, i.e., after 66 days from the date of accident. 2.6. The Claims Tribunal, on a close scrutiny of the evidence available on record, recorded the following findings that: (1) The death of Hamid Ali and injuries to Annas Bose, Shikha Singh, Ashwini Singh and Geeta Singh were caused due to the rash and negligent driving of the offending truck by Amarjeet Das; and (2) The insurance company failed to prove the plea that the driver of the offending truck did not have a valid and effective licence to drive the truck.
(3.) Mr. Dashrath Gupta, learned counsel appearing for the appellant insurance company, would submit that the Claims Tribunal has committed legal error in fastening liability upon the insurance company. He would further submit that the finding of the Tribunal that the insurance company is liable to make payment of the compensation is perverse and contrary to the record as the offending truck was a 'heavy goods vehicle' within the meaning of section 2 (16) of the Act, 1988 and respondent driver Amarjeet Das was licensed to drive a heavy goods vehicle w.e.f. 15.7.2005 only, that is, after 66 days from the date of accident which is clear cut violation of the terms of the policy of insurance.;