ISHWAR PREM VIDHYA MANDIR Vs. DEENDAYAL

JUDGEMENT

(1.) Being dissatisfied, the appellant has knocked the doors of this Court by filing this miscellaneous appeal against the award dated 21/12/2016 passed by XII Additional, MACT, Indore in Claim Case No.493/2016 whereby the learned Tribunal has awarded Rs.4,65,000/-, as compensation to the respondent Nos.1 and 2 with direction to the respondent No.3/Insurance Company to pay the compensation to the respondents No.1 and 2 and recover it from the appellant and respondent No.4 /Driver jointly and severally.

(2.) Facts in brief are that on 16/01/2013 at about 03:00 PM when Gopal waiting for his friend at Ishwar Prem Vidhya Mandir, CAT Road, at that time, respondent No.4/Driver/Pradeep without giving horn reserved the vehicle bearing registration No.M.P.-09/D/5698 and dashed Gopal, with the result Gopal died. FIR has been registered and claim case has been filed by the respondent Nos.1 and 2. After framing of issues and recording the evidence, the learned Tribunal has awarded compensation of Rs.4,65,000/- as compensation to the respondent Nos.1 and 2 by directing the respondent No.3/Insurance Company to pay and recover from the appellant and respondent No.4. Being aggrieved by finding of pay and recover, the appellant has filed this appeal.

(3.) Learned counsel for the appellant submits that the award passed by the learned Tribunal is improper and contrary to law and facts of the case. He argued that the learned Tribunal committed grave error in not considering the fact that respondent No.4/Driver was having driving license of light motor vehicle w.e.f. 11/07/2006 to 10/07/2026, while the accident took place on 16/01/2013 i.e. the period when the respondent No.4/Driver was having valid driving license. He urged that respondent No.3/Insurance Company has not filed any documents to support the fact that appellant has breached the terms and conditions of insurance policy, therefore, the appellant is not liable to pay the compensation to the respondent Nos.1 and 2. He prayed that the direction to recover the compensation from the appellant may be set-aside by allowing the appeal.