CIVIL APPEAL 238/2005 on 18 December 2006

Heard Mr. S K Medhi, learned counsel for the petitioner and Mr. J Das, learned counsel for the respondents.

This is an appeal against the judgment and award dated 18.12.2006 passed by learned Member, Motor Accident Claims Tribunal, Karimganj in MAC Case No. 238/2005 under Section 173 of the MV Act, whereby learned Member has awarded compensation of Rs.16,000 with simple interest @ 6 per cent per annum from the date of filingof the application till recovery of the compensation amount directing the appellant owner of the vehicle to pay the aforesaid compensation. This Court in MAC Appeal No. 28/2008 arising out of the same judgment and award observed that the plea of the Insurance Company that the driver was not holding valid driving license, was not proved by adducing evidence of the District Transport Officer. Moreover, there was no such plea raised by the insurer that the vehicle was playing without permit. This Court has also held that the compensation awarded shall be payable by the insurer of the vehicle.

In view of the earlier judgment and on perusal of the impugned judgment and the impugned award directing the owner to pay the compensation is hereby set aside and the insurer is directed to pay the compensation as awarded by the tribunal.This MAC Appeal is accordingly disposed of.