JUDGMENT
B.B. Deb, J.
1. Heard Mr. D.K. Biswas, learned counsel for the appellant and Mr. S. Deb, learned senior counsel being assisted by Mr. R. Dasgupta, learned counsel for the respondent Nos. 1 to 5.
2. In a vehicular accident happened on 17.2.1991 at about 10-00 a.m. near Falgooni Charra on Assam Agartala road under Teliamura P. S. one Sudhir Biswas died. In that accident, two vehicles bearing No. TRT-1635 (Jeep) and TRS-879 (Bus) were involved. The wife and children of the deceased filed a petition under Section 166 of the Motor VehicleAct, 1988 (for short ‘the Act’) claiming compensation to the tune of Rs. 2,93,200. The learned Member Tribunal registered the case as T.S.(MAC) 118/1991 and having served notice upon the parties concerned, after recording evidences and on hearing arguments delivered the Judgment on 29.3.1997. The learned Member Tribunal held that both the vehicles involved in the accident were equally responsible. The vehicle TRS-879 (Bus) stood insured with the New India Assurance Company Ltd. and the vehicle TRT-1635 stood insured with the United Insurance Company Ltd., at the relevant time. The learned Member Tribunal awarded a compensation of Rs. 1,08,000 with interest and apportioned the liability to the Insurance Companies of the aforesaid two vehicles in equal share.
3. The appellant, New India Assurance Company Ltd., took a stand before the learned Member Tribunal that the vehicle hearing No. TRS-879 (Bus) was driven by a person not competent to drive the said vehicle. But since the Insurance Company could not collect the relevant evidence at the time of hearing of the case by the learned Member Tribunal, they could not lead evidence showing that the vehicle was not driven by a competent person.
4. Whether a vehicle involved in an accident was driven by a person, competent to drive the vehicle or by a person having valid and/or proper licence, the claimant under the Act is no way concerned. It is not the duty of the passengers of a vehicle or a pedestrian to ask the person driving the vehicle to show his driving licence. It is rather the duty of the owner of the vehicle to ensure that his vehicle is being driven by a competent person having valid and proper licence. That aspect of the matter has been considered by the Hon’ble Apex Court in a bunch of cases, namely, New India Assurance Co. Shimla v. Kamla and Ors. and other two cases, reported in (2001) 4 SCC 342. Once it is proved that the vehicle involved in the accident stands insured with a particular Insurance Company, the said insurance Company is to satisfy the awarded amount first and than his remedy is open to recover the same from the defaulter owner, who allowed his vehicle to be driven by a person having no valid and/or proper licence or by a person having no licence at all.
5. In view of the decision rendered in para-26 by the Hon’ble Apex Court in the aforecited decision it remains no longer res integra that the remedy available to the Insurance Company to seek for recovery of the said amount of compensation paid from the defaulter owner (insured) and must be decided on application by the learned Claims Tribunal itself.
6. In that view of the matter I find no merit in the present appeal. The appellant’s (Insurance Company) remedy is available before the learned Member, Motor Accident Claims Tribunal, who passed the award, seeking recovery of the said amount from the insured owner. On a petition being filed by the Insurance Company, the learned Member Tribunal is to re-register the case once he disposed of and he is to issue notice upon the owner of the vehicle TRS-879 (Bus), Shri Uttpal Das, O. P. No. 1 and the person driving the vehicle, Shri Dulal Das O.P. No. 2 and after hearing the aforesaid two O.Ps and the Insurance Company, wherein participation of the other parties including the claimants are not required and if necessary, taking evidence to decide the same. The parties are at liberty to adduce any sorts of evidence on that score only.
7. In the result, the appeal stands dismissed with the aforesaid directions. No order as to costs.