Dipak Misra, C. J. I. - (1.) The legal representatives of the deceased, Jagir Singh, the husband of the second respondent, preferred a claim petition being MACT Case No. 70 of 2013 under Section 166 of the Motor Vehicles Act, 1988 (for brevity, 'the Act') before the Motor Accident Claims Tribunal, Pathankot (for short, 'the tribunal') claiming compensation to the tune of Rs. 36,00,000/-. The claim petition was filed on the basis that on 19.02.2013, Jagir Singh was travelling to Pathankot on his motor cycle and at that juncture, the offending truck bearing temporary registration No. PB-06-6894 belonging to the appellant No. 2 driven in a rash and negligent manner hit the motor cycle of the deceased as a result of which he sustained multiple injuries, and eventually, succumbed to the same when being taken to the hospital. The claim put forth was sought to be sustained on many a basis which need not be adverted to.
(2.) The insurer, the first respondent herein, opposed the claim on the ground that the vehicle in question was driven in violation of the terms of the insurance policy and further the driver was not having a valid and effective driving license and, therefore, it was not obliged to indemnify the insured. That apart, a stand was taken that the vehicle did not have the permit on the date of the accident. On behalf of the owner of the vehicle and driver, assertions were made that the vehicle was insured with the first respondent as per the insurance policy, that the vehicle was registered and the driver had the requisite driving licence. Additionally, copy of the route permit of the offending truck was brought on record.
(3.) The tribunal noted that the vehicle was purchased in September 2012 and insured on 20.12.2012. It was registered on 26.02.2013. The accident, as stated earlier, occurred on 19.02.2013. The tribunal, placing reliance on the decision rendered by this Court in National Insurance Co. Ltd. v. Challa Bharathamma and others, 2004 8 SCC 517 held that the insurer was not liable and proceeded to quantify the amount of compensation and determined the same at Rs. 15,63,120/-. The tribunal directed the amount to be paid by the insurer along with interest at the rate of 9% from the date of award till its realisation and recover the same from the owner and driver of the vehicle. A further direction was given for attachment of the truck in question till the award was satisfied.;