J. M.A.(C) No. 1215 of 2007 · Chhattisgarh High Court

Appellant by Shri Dashrath Gupta, Advocate. No one appears for the respondents though served. ORAL ORDER (Passed on 1-8-2008) (1) In this appeal by the insurer, the award dated 26' February, 2007 passed by the 3 Additional Motor Accidents Claims Tribunal (F.T.C.), Surajpur, (henceforth 'the Tribunal') in Claim Case No. 13/2006 is under challenge. (2) The owner of the motorcycle No.CG-15/D-0445 (henceforth 'the motorcycle') i.e. respondent No.2 and the driver i.e. respondent No.3 remained ex parte before the Tribupal and did not even file written statement or enter the witness box. The Tribunal held that the insurer had proved that the driver of the offending vehicle i.e.the motorcycle did not possess a driving licence at the time of the accident and while awarding compensation of Rs.1,29,500/- directed the Insurance Company to pay first and recover the same from the owner of the vehicle. (3) It is not in dispute that the motorcycle was insured by the appellant on the date of accident. (4) Having heard Shri Dashrath Gupta, learned counsel for the appellant, 1 am of the considered opinion that this appeal has no merit as it is squarely covered by a decision rendered by this Court in M.A.(C)No.44/2007 (United India Insurance Co. Ltd. vs. Kunjbihari Mishra and others). The deceased was a third party and the insurer was statutorily liable to cover the risk of the deceased. In this view of the matter, the Tribunal placing reliance on the decision rendered by the Supreme Court oflndia in the matter of National Insurance Company Ltd. vs. Swaran Singh and others {(2004) 3 SCC 297} rightly directed the Insurance Company to satisfy the award and to recover the compensation later. (5) In the result, there is no merit in this appeal and the same is accordingly, dismissed. Soma Sd/- Dilip Raosaheb Deshmukh Judge