- (1.) The present appeal has been filed by Bajaj Allianz General Insurance Company Limited challenging the Award, dated 04.10.2013, passed by the learned Motor Accident Claims Tribunal, Narnaul, granting compensation of Rs. 1,98,200/- along with interest @ 7.5% per annum from the date of petition till payment in favour of the claimants. Mr.Ashwani Talwar, Advocate, learned counsel for the appellant-Insurance Company has raised the following contentions:- (i) death of Surender @ Satender had not occurred in a motor vehicular accident, therefore, the appellant-Insurance Company cannot be held liable to satisfy the Award. (ii) Driver of the offending vehicle, i.e. Surender @ Satender was not possessing the valid and effective driving licence on the date of his (Surender @ Satender) death, therefore, by virtue of Section 149(2) of the Motor Vehicles Act, the appellant-Insurance Company cannot be saddled with the liability to satisfy the Award.
(2.) To deal with the arguments raised by the learned counsel for the appellant, the relevant facts of the case are essential to be discussed for disposal of present appeal. As per case of the claimants, Surender @ Satender (since deceased) was employed as Driver on vehicle No.HR- 55B-4965, which was owned by M/s J.S.P.Service Private Limited. Surender @ Satender (since deceased) after loading the pipes, which were to be used in fridges, in his vehicle was coming from Indore for delivery at Gurgaon and Faridabad. On the way, on 17.05.2008, two unknown persons boarded the vehicle being driven by Surender @ Satender. When the vehicle bearing No.HR-55B-4965 being driven by Surender @ Satender reached Kotputli-Narnaul road within the revenue estate of Village Nangal Soda, the said two unknown persons killed Surender @ Satender (since deceased) and looted the vehicle being driven by him (Surender @ Satender). The matter was reported to the police on the basis of which, FIR No.38, dated 17.05.2008, for the offences punishable under Sections 201, 302 and 392, IPC, was registered at Police Station, Nangal Chaudhary, District Mahendergarh. During investigation, it was revealed that Shamsher Singh and Krishan, respondent Nos.3 and 4, respectively, had committed murder of Surender @ Satender by strangulation and had thrown the dead body in ditches nearby the road and looted away the vehicle.
(3.) Smt.Parkashi Devi and Ramphal, the parents of Surender @ Satender, filed claim petition claiming Rs. 30,00,000/- as compensation since death of Surender @ Satender was caused during the course of use of the motor vehicle. The claimants averred that Surender @ Satender (since deceased) was 26 years old and getting a salary of Rs. 3,300/- per month. Claimants were wholly dependent on the earnings of their son Surender @ Satender (since deceased). It is apposite to mention here that after issuance of the notice to the respondents, the registered owner of the offending vehicle was proceeded against ex parte and the name of the Insurance Company could not be brought on record. Shamsher Singh and Krishan, respondent Nos.3 and 4, respectively, who had caused the death of Surender @ Satender contested the claim petition. Vide order dated 28.02.2011, the learned Motor Accident Claims Tribunal, Narnaul (for brevity the 'Tribunal') partly allowed the petition of the claimants and M/s J.S.P.Service Private Limited (registered owner of vehicle No.HR-55B-4965) was held liable for satisfying the award.;