2016 (2) TMI 1374 - HC - Indian Laws

Denial of indemnity and a provision for recovery granted to the insurer - seeking for enhancement - HELD THAT - At the Appellate Court, the owner has filed an application under Order 41 Rule 27 CPC that has elicited through RTI a response to say the licence number had been wrongly given as 18690/Ag/2003 when it was actually 16690/Ag/ 2003 and that it had been issued in the name of Balkar Singh. A response through RTI is of a public officer and it is a public document and would require no further corroboration in the manner contemplated under Section 77 of the Evidence Act. The document must be taken to be true of what its recitals state. The certified copy of the licence issued also shows that the licence had been renewed at the DTO Office at Mansa on 26.08.2008, which was valid up to 19.09.2011. This also shows that the driver had a valid driving licence at the relevant time. The additional evidence is relevant and important to decide that the owner and driver were entitled to full indemnity. The award denying indemnity and providing for a right of recovery against for the insurer is set aside. The appeals filed by the owner and driver are allowed - The amount deposited by the owner and driver at the time of preferring the appeals are ordered to be returned to the owner.

Summary

Issues:
1. Validity of indemnity and recovery provision.
2. Assessment of compensation in fatal accident cases.
3. Validity of driving license and entitlement to full indemnity.

Issue 1: Validity of indemnity and recovery provision
The appeals were filed by claimants and the owner, challenging the denial of indemnity and seeking enhancement. The insurer contended contributory negligence due to a head-on collision, but the Tribunal found the truck driver solely responsible. The owner argued for indemnity based on policy terms and validity of the driver's license. The court rejected the argument for contributory negligence, confirming the truck driver's negligence in causing the collision.

Issue 2: Assessment of compensation in fatal accident cases
In FAO 598 of 2014, the deceased was a 51-year-old housewife, and the court enhanced the compensation considering loss of consortium to the husband and loss of love and affection to major children. The total compensation awarded was Rs. 7,69,000 with interest, to be distributed among the claimants in a specific ratio.

Issue 3: Validity of driving license and entitlement to full indemnity
Regarding FAO 2705 of 2013, involving the death of a 22-year-old, the court analyzed the validity of the driver's license. Evidence from the DTO Office confirmed the driver had a valid license, leading to the owner and driver being entitled to full indemnity. The appeals by the owner and driver were allowed, and the deposited amount was ordered to be returned.

In conclusion, the judgment addressed issues related to indemnity, compensation assessment in fatal accidents, and the validity of a driver's license affecting entitlement to full indemnity. The court upheld the compensation enhancements in one case and allowed the appeals in the other based on the validity of the driver's license, ensuring full indemnity for the owner and driver.