EVEN IF THE DRIVER DOES NOT POSSESS ANY DRIVING LICENSE, STILL THE INSURER IS LIABLE TO PAY THE COMPENSATION AND THAT HE CAN RECOVER THE AWARD AMOUNT FROM THE OWNER OF THE OFFENDING VEHICLE AFTER PAYING THE AMOUNT: TELANGANA HIGH COURT
The High Court of Telangana passed a judgment on 13 April, 2023 stating that even if the driver does not possess any driving license, still the insurer is liable to pay the compensation and that he can recover the award amount from the owner of the offending vehicle after paying the amount. It was stated in the case of Hasma Begum vs Ayub Ali Mohammed(M.A.C.M.A.Nos.3181 OF 2017 AND 3289 OF 2019)which was passed by the single judge bench comprising of M.G.Priyadarsini
FACTS OF THE CASE:
The claimants laid a claim under Section 166 of the Motor Vehicles Act, 1988, claiming compensation of Rs.20,00,000/- for the death of one M.D.Shakeelwho died in the accident that occurred on 15.11.2013. According to the claimants, on the fateful day, while the deceased, along with his younger brother, was proceeding on scooter,when he reached near pillar No. 151 Hyderguda, suddenly one TATA indica Car, owned by respondent No. 1, insured with respondent No. 2, being driven by its driver in a rash and negligent manner at high speed, dashed the deceased. Due to the said impact, the deceased fell down on the road and sustained bleeding injuries all over the body. Immediately, he was taken to Osmania General Hospital and later, shifted to Care Hospital, wherein the deceased succumbed to the injuries while undergoing treatment. On a complaint, a case in was registered under Section 304(A) IPC. According to the claimants, the deceased was earning Rs.10,000/- per month by running a mutton and chicken meat shop and used to contribute his earnings to the welfare of the family. On account of the sudden demise of the deceased, the claimants have lost their bread winner and love and affection. Therefore, they laid the claim against the respondent Nos.1 & 2, who are the owner and insurer of the crime vehicle i.e., TATA indica Car bearing No. AP 28 TV 4097
JUDGEMENT OF THE CASE
.Both the M.A.C.M.Aare partly allowed. The quantum of compensation awarded by the Tribunal is hereby enhanced from Rs.13,15,000/- to Rs.18,58,000/-. However, by invoking the doctrine of ‘pay and recover’, the respondent No. 2 is directed to deposit the said compensation amount at first instance and to recover the said amount from the respondent No. 1 without initiating any separate proceedings. The rate of interest awarded by the tribunal on the quantum of compensation is hereby reduced from 9% to 7.5% per annum. The enhanced amount shall carry interest at 7.5% p.a. from the date of petition till the date of realization. The amount shall be deposited within a period of one month from the date of receipt of a copy of this order. There shall be no order as to costs.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.