Whether claim for compensation for motor accident can be rejected on ground of acquittal of driver in criminal case?

 In the instant case, the compensation was restricted to the ceiling of 'no fault liability', as provided in Section 140 of the Act, as the deceased, in this case, was a 10 year old child and the claimants were not held entitled to any compensation for loss of dependency. At the same time, when the insurer is absolved of the liability on account of the breach of terms and conditions of the insurance policy, it is the insured who has to satisfy the award. Furthermore, the effect of acquittal of the appellant-driver in the criminal case has no bearing on the present proceedings. In view of the above discussion, the present appeal is hereby dismissed.

IN THE HIGH COURT OF PUNJAB AND HARYANA

F.A.O. No. 1777 of 1999 (O&M)

Decided On: 02.04.2014

Appellants: Baldev Singh
Vs.
Respondent: Manjit Kaur

Hon'ble Judges/Coram:Jitendra Chauhan, J.

Citation: 2015(2)ALLMR (JOURNAL)93, 2014(4)RCR(Civil)35

1. The instant appeal has been preferred by the appellants, owner and driver, challenging the impugned Award dated 19.03.1999, passed by the learned Motor Accident Claims Tribunal, Sangrur, (for short, 'the Tribunal'). The learned counsel for the appellants contends that the learned Tribunal wrongly ignored the factum of acquittal of the appellant-driver by the learned Court of Sessions. The learned counsel further contends that the insurance company has wrongly been absolved of its liability merely on the ground that there was no endorsement of tractor in the driving licence, which was valid to drive scooter and motor car. The compensation under the 'No fault liability' is payable only by the insurance company.

2. There is no assistance on behalf of the respondents.

3. I have heard learned counsel for the appellants and perused the case file.

4. In the instant case, the driving licence, Ex. R2, issued to the driver Malkit Singh, is valid to drive scooter and motor car. There was no specific endorsement with regard to driving of tractor. Thus, the driver was not holding a valid licence to drive the offending vehicle, i.e. the tractor at the time of the accident, therefore, the liability has rightly been fixed upon the driver and owner.

5. In the instant case, the compensation was restricted to the ceiling of 'no fault liability', as provided in Section 140 of the Act, as the deceased, in this case, was a 10 year old child and the claimants were not held entitled to any compensation for loss of dependency. At the same time, when the insurer is absolved of the liability on account of the breach of terms and conditions of the insurance policy, it is the insured who has to satisfy the award. Furthermore, the effect of acquittal of the appellant-driver in the criminal case has no bearing on the present proceedings. In view of the above discussion, the present appeal is hereby dismissed.

The statutory amount deposited by the appellant be placed at the disposal of the Tribunal for disbursement.

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