MAHESH BHAGWATI,J - (1.) CHALLENGE in this appeal is to the judgment and award dated 10th June, 1997 whereby the learned Motor Accident Claims Tribunal, Jaipur City, Jaipur decreed an amount of Rs. 2,65,000/- against the appellant-the New India Assurance Co. Ltd. along with interest @15% per annum payable w.e.f 25th March, 1992 till the realization of decretal amount under the award.
(2.) BACK ground facts, in nut-shell, are as follows:- That on 29th November, 1991 at about 11-12 pm, the claimant Ramnarain was returning to his house from the place of work. When he reached near the Sodala Police Station at Jaipur, one truck No. HYN 1366 came from the back in a wavering state and hit him causing injuries in both his legs. The claimant fell on the ground, who was taken to S.M.S. Hospital by Police for treatment. It is alleged that the said truck was being driven rashly and negligently by driver-Jaswant Singh who caused the accident. The appellant has assailed the impugned award on following two grounds : (i) That the owner of the truck HYN-1366 violated the terms and conditions of the Insurance Policy as he had engaged Jaswant Singh to be the driver of the truck, who was having a fake driving licence. The learned Tribunal has also observed that the driving license owned by driver Jaswant Singh was not found to be genuine, yet the Tribunal decreed the aforesaid amount in favour of the claimant and against the appellant. (ii) That the 15% rate of interest payable on the amount of compensation under award is highly excessive, which has affected the total quantum of compensation. The rate of interest needs to be reduced to 6%, which is prevalent rate of interest in the present times.
(3.) THE learned counsel for the appellant has reiterated these grounds while making the submissions before the Court and contended that the Insurance Co. cannot be held liable to pay the amount of compensation, if the terms and conditions are being violated by the owner of the vehicle. In the instant case, the owner of the truck employed Juswant Singh to be the driver of the truck who had fake driving license with him. Hence, the Insurance Co. should be absolved of its liability.;