JUDGMENT
The second respondent insurance company in MVC No. 832/2007 on the file of MACT, Shimoga, has come up in this appeal impugning the judgment and award dated 1-2-2010 passed therein so far as it pertains to saddling liability to pay compensation on it.
2. Brief facts leading to this appeal are as under:
Claimants before the Tribunal, who are respondents 1 to 4 herein filed claim petition seeking compensation for the death of Ramanaika in a road traffic accident which has taken place on 31-3-2007 at 12.30 p.m, involving tractor trailer bearing No. KA-14.T.9138/9139 resulting in his death. The accident is not in dispute. So also death of Rama Naik due to injuries suffered in said accident. Further it is not in dispute that claimants before Tribunal are legal representatives of Ramanaika and are entitled to maintain claim petition seeking compensation for his death. However, in the proceedings before Tribunal the insurance company has taken a specific plea that the driver of offending tractor trailer was not having valid driving licence and he was only having licence to drive light motor vehicle without endorsement to drive non transport vehicle at the relevant point of time. Though the same was brought to the notice of Tribunal it has not looked in to the same and proceeded to allow the claim petition saddling liability both on owner and insurer. Being aggrieved by the same, the present appeal is filed by the insurance company impugning the judgment and award so far as it pertains to saddling liability on it, for the reason that driver of offending tractor trailer was not having valid driving licence to drive the same.
3. Heard the counsel for appellant and as well as respondents/claimants. Perused the judgment impugned. On going through the same it is seen the accident and all other things are not in dispute. The only point in dispute is, the driver of offending tractor was not having valid driving licence and that he had driving licence to drive light motor vehicle. Further, it is seen as required under the amended provisions of Motor Vehicles Rules, he was not authorized to drive the tractor trailer without having necessary endorsement to drive non transport vehicle. In that view of matter, the appeal filed by insurance company is required to be allowed so far as it pertains to imposing liability on it to pay the compensation awarded by Tribunal.
4. In the result, the appeal filed by insurance company is allowed exonerating its liability to pay compensation awarded by the Tribunal by judgment and award dated 1-2-2010 in MVC No. 832/2007. Accordingly, the judgment and award is modified. However, exonerating the liability of insurance company does not take away the right of claimants/respondents 1 to 4 herein to proceed against the owner of offending tractor trailer to recover the same pursuant to the judgment impugned.
In view of the appeal being allowed the amount in deposit is ordered to be refunded to appellant insurance company.