IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.51 of 2011 (O&M) Date of Decision : 06.01.2011 Oriental Insurance Co. Ltd. .......Appellant Versus Guneshar Shah S/o Bajeshar Shah and others .......Respondents CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Ashwani Talwar, Advocate, for the appellant. **** JITENDRA CHAUHAN, J. 1. The appellant, Oriental Insurance Company (for short, ‘the Insurance Company’), has preferred this appeal against the award dated 4.11.2010 (for short, ‘the impugned award’), passed by the learned Motor Accident Claims Tribunal, Chandigarh (for short, ‘the Tribunal’). 2. The brief facts of the case are that on 18.11.2006 at about 12.40 p.m., Master Kusu Kumar @ Pusu Kumar @ Jitender Kumar, deceased, along with Musu Shah, was going from Sector 34, Chandigarh to his house on foot. When they were crossing the dividing road of Sectors 34 & 21, near Mukut Hospital, a Tata Safari No.PB-11(T)-Y-4548 came at a fast speed and struck against the deceased. Resultantly, the deceased fell down on the road and received serious injuries. He was removed to GMCH, Sector 32, Chandigarh, where he succumbed to his injuries. The vehicle was being driven by Rajat Sharma, respondent No.3. It is further case of the claimants that Master Kusu Kumar was 13 years of age at the time of accident. He was a student of 5th Class. Due to the accident, he suffered serious injuries on various parts of his body which proved fatal. An amount of Rs.20,000 was spent on his last rites. Guneshar Shah, father, and Chunna Kumar Shah, brother, of the deceased, filed the claim petition for compensation. 3. Respondent No.2 (herein appellant) contested the petition on the ground that the driver of the offending vehicle was not holding a valid driving licence, the vehicle was being driven in violation of the insurance policy and that the claim petition is not maintainable against the Insurance Company. 4. From the pleadings of the parties, the following issues were framed:- (1) Whether Master Kusu Kumar @ Pusu Kumar @ Jitender died in a motor vehicular accident arising out of accident caused by Tata Safari No.PB-11-Y-4548(T) ? OPA (2) If issue No.1 is proved, whether the claimants are entitled to compensation. If yes, to which extend and from whom ? OPP (3) Whether Rajat Sharma, respondent No.1 was not holding a valid driving licence ? OPR-2. (4) Relief. 5. The learned Tribunal decided issues No.1 and 2 in favour of the claimants and against respondent Nos.1 and 2. Issue No.3 was decided in favour of the claimants. It was held that the driver was not having a valid driving licence at the time of the accident. So, this issue was decided in favour of respondent No.3. While awarding compensation, the learned Tribunal assessed the loss as Rs.2,25,000 on account of death of Kusu Kumar @ Pusu Kumar @ Jitender to be paid by the appellant and driver- cum-owner jointly and severally. Interest @ 9% on the amount of award was also granted. A right has been given to the appellant-Insurance Company to recover the amount of award from the driver and owner, namely, Rajat Sharma, after making payment to the claimants. 6. I have heard learned counsel for the appellant. 7. A perusal of the impugned award shows that the accident occurred due to rash and negligent driving of the vehicle by respondent No.3-Rajat Sharma. 8. The learned Tribunal has correctly awarded the compensation. The accident had taken place during the validity of the Cover Note period, so, the Insurance Company is liable to pay the awarded amount. The rash and negligent driving of the vehicle by the owner and driver is supported by the fact that he is being prosecuted in criminal case registered against him under Section 304-A IPC. 9. No interference is called for in the well-reasoned award. 10. Consequently, this appeal fails and is dismissed in limine. 11. Since the main appeal stands dismissed, civil misc. application (s) pending, if any, shall stand disposed of, accordingly. ( JITENDRA CHAUHAN ) 06.01.2011 JUDGE atulsethi Note: Whether to be referred to reporter ? Yes/No