- (1.) Claimants/respondents No.1 to 5 filed the instant claim petition claiming compensation on account of death of Shayam Singh in a motor vehicular accident occurred on 19.02.2013 due to rash and negligent driving of the offending vehicle i.e. Oil Tanker bearing registration No.HP1IC-2212 being driven by respondent No.6, owned by respondent No.7 and insured with the appellant-Insurance Company.
(2.) The claim was resisted by owner and driver of the offending vehicle denying the accident with the offending vehicle. The appellant-Insurance Company filed a separate written statement raising various legal objections further stating that driver of the vehicle was not having any valid or effective licence for driving a vehicle carrying hazardous substances. At this stage it may also be mentioned that application filed under Section 170 of the Motor Vehicles Act, 1988 by the appellant for contesting the petition on the grounds available to the insured was dismissed vide order dated 13.12.2013 and thereafter, no grievance was raised by the appellant on this account.
(3.) The Tribunal, vide impugned Award dated 14.03.2014, held that claimants were entitled to compensation of Rs. 10,24,856 along with interest from the appellant as well as owner and driver of the offending vehicle jointly and severally. Not satisfied with the aforesaid Award, the Insurance Company is in appeal before this Court. Learned counsel for the appellant has vehemently argued that the offending vehicle was an Oil Tanker which falls under the category of hazardous goods and to drive such a vehicle carrying hazardous goods, separate endorsement is required by the Licencing Authority; whereas the Tribunal has failed to take into consideration the fact that driver of the offending vehicle i.e. respondent No.6 was not having required licence to drive such a vehicle carrying hazardous goods and in view of the aforesaid fact, driver of the offending vehicle was not holding a valid licence and therefore, the appellant cannot be held liable to pay the amount of compensation.;