- (1.) S. P. Srivastava, J. Heard the learned counsel for the Insurer-Appellant. The appellant has filed the present appeal under Section 173 of the Motor Vehicles Act feeling aggrieved by the award of an amount of Rs. 4,15,280/- determined as just compensation to which the dependants of the deceased Satya Narain Sharma were found entitled to on account of his untimely death in an accident involving the offending motor vehicle-a Jeep which was insured by the present appellant covering the risk.
(2.) THE Motor Accident Claims Tribunal vide the impugned judgment and award after carefully considering the evidence brought on record by the parties, had come to the conclusion that on the date of the death Satya Narain Sharma was aged about 39 years and was getting a salary of Rs. 3,394/- per month. THE accident in which Satya Narain Sharma had received the fatal injuries was caused on account of rash and negligent driving of the bus. THE Tribunal had utilized the multiplier of 15 while calculating the amount of compensation. THE annual dependency was taken to be Rs. 27,152/- after excluding 1/3 of the income which the deceased might have been spending upon himself. It may be noticed that undisputedly the deceased has a large family which consisted of besides his wife and father 5 children whose ages are ranged between 8 to 18 years. The learned counsel for the appellant has tried to assail the findings returned by the Motor Accident Claims Tribunal against it but has not been able to demonstrate that the said findings can be taken to be suffering from any such legal infirmity which may justify an interference by this Court. These findings are amply supported and warranted by the evidence and the material brought on record.
(3.) THE learned counsel for the appellant has strenuously urged that there was breach of terms and conditions subject to which the insurance policy had been issued covering the risk. THE contention is that the offending motor vehicle was being driven by a person who had no valid licence to drive the offending motor vehicle. In this connection it has also been urged that the licence issued in favour of the driver of the offending motor vehicle authorize him to drive light motor vehicle/private only and not a Taxi. So far as the statutory liability of the Insurer-Appellant contemplated under the provisions of Motor Vehicles Act in the matter relating to the payment of just compensation determined by the Motor Accident Claims Tribunal is concerned, the mere fact that there was violation of the terms and conditions subject to which the insurance policy had been issued, cannot have the effect of exonerating the Insurer from the statutory liability cast upon him in this regard to pay the amount to the third party victim.;