Allahabad High Court
M/S The Oriental Insurance Co. Ltd. vs Anwarul Hasan Kari And Ors. on 1 November, 2019
Author: Kaushal Jayendra Thaker
Bench: Kaushal Jayendra Thaker
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 33 Case :- FIRST APPEAL FROM ORDER No. - 1082 of 1995 Appellant :- M/S The Oriental Insurance Co. Ltd. Respondent :- Anwarul Hasan Kari And Ors. Counsel for Appellant :- Sudhir Kumar Jaiswal Counsel for Respondent :- S.A. Lari Hon'ble Dr. Kaushal Jayendra Thaker,J.
1. Heard Sri Sudhir Kumar Jaiswal, learned counsel for the appellant, Sri S.A. Lari, learned counsel for the claimant-respondents and perused the judgment and order impugned. None appeared on behalf of respondent-owner.
2. This appeal, at the behest of the Oriental Insurance Co. Ltd., challenges the judgment and award dated 22.9.1995 passed by Motor Accident Claims Tribunal/Special Judge, Deoria, (hereinafter referred to as 'Tribunal') in M.A.C. Case No.234 of 1993 awarding sum of Rs.1,56,000/- with 12% rate of interest.
3. The appellant does not challenge the accident having taken place and the involvement of the vehicle. The appellant challenges the impugned judgment on the ground that the driver of the jeep was not holding a valid driving license and the rate of interest awarded by the Tribunal is on higher side.
4. Facts are not necessary as they are not in dispute.
5. While going through the record, it is very clear that it has not been proved by the Insurance Company that the driving license of the driver was fake driving license. The Insurance Company did not lead any evidence to prove that the driver of the vehicle insured with it had no driving license. It was also not proved that the owner knew that the driver was not having proper driving license. The Insurance Company's cover note and the license of Ravi Shanker Yadav was for jeep. It is only rebutted that he had no license. The xerox copy of the license shows that he had proper driving license to drive the said jeep in question. I am supported in my view by the decision in Oriental Insurance Company Limited Vs. Poonam Kesarwani and others, 2008 LawSuit (All) 1557. Hence, this ground of the counsel for the appellant fails.
6. This takes this Court to the issue of interest. If this Court recalculate the amount, as the Tribunal has not granted any amount under the head of future loss of income, the higher interest granted by the Tribunal will make over the amount not granted under the head of future loss of income of the deceased.
7. In view of the above, this appeal fails and is dismissed. Interim relief, if any, shall stand vacated forthwith.
Order Date :- 1.11.2019 DKS