- (1.) DEFECT in the certified copy of award as pointed out by stamp report dated 12.6.2003 is ignored for the present. The Appeal has been filed in time.
(2.) HEARD . The appeal has been filed by the insurer against the judgment and award dated 7.2.2003, passed in Title (M.V.) Suit No. 116 of 2001, whereby the appellant has been directed to indemnify the liability of the owner of the auto -rickshaw, BR -17P -3424, the respondent No. 5 and pay the compensation amount to the tune of Rs. 7,64,000/ - with interest @ 9% per annum from the date of accident till payment to the respondents 1 to 4. The counsel for the appellant submitted that driver of the offending vehicle at the time of accident was not displaying the badge, as required under Rule 18(2) of the Bihar Motor Vehicles Rules 1992 and as such term of the insurance policy was violated and the insurer was not responsible to indemnify the owner 'sliability and therefore, on the ratio of the decision of Apex Court in New India Insurance Company, Shimla V/s. Kamla and others, 2001 3 JCR 245 (SC) : (2001) 4 SCC 342, the insurer may be given liberty to recover the amount of compensation paid to the claimants, pursuant to the impugned award, from the owner of the vehicle.
(3.) IN the present case admittedly the auto -rickshaw (BR -17P -3424), on which Prabhu Nath Sharma was traveling turned turtle, resulting into his death and for the said accident the Tribunal found the driver to be solely responsible on account of his negligence and rash driving.;