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1996 DIGILAW 424 (PAT)

Laldeo Singh v. Lala Satya Narain Prasad

1996-07-15

N.PANDEY

body1996
Order Heard learned counsel for the appellant, learned counsel for the claimant and also for the Insurance Company. 2. This miscellaneous appeal is directed against the final award passed under Section 110 (a) of the M.V. Act, 1939 awarding compensation of Rs. 20,500/- along with interest at the rate of 6% per annum in favour of the injured claimant (respondent no. 1) with effect from the date of filing of the claim and also cost of the suit. 3. There is no dispute that respondent no. 1 met with an accident while travelling in a bus belonging to the appellant. Only dispute is whether the driver of the bus had a valid licence at the relevant time. The court below has recorded specific finding that the bus was being drive by an unauthorised licence holder. 4. Mr. Singh, learned counsel for the appellant submitted that such a finding has been erroneously recorded since the driver who was driving the bus was a mechanic. Therefore, according to him, the insurance company was only liable to pay the compensation. 5. There is no dispute if it is established that the driver had a valid licence, the company would have been made liable for such compensation. But in view of specific finding of the court below that the bus was being driven at the time of the accident by an unauthorised driver I am not inclined to interfere with such finding. That apart, the amount which has been awarded by way of such compensation is quite meagre. The amount of such compensation was awarded as back as in the year 1988. Therefore, having regard to the facts and circumstances of this case, I am not inclined to interfere with the impugned award. Accordingly, this appeal is dismissed but without any costs.