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2007 DIGILAW 1666 (PNJ)

Amarjit Singh v. Simar Kaur

2007-09-13

VINOD K.SHARMA

body2007
JUDGMENT Vinod K. Sharma, J. (Oral):- Vide order dated 18.12.2006 learned Motor Accident Claims Tribunal, Roop Nagar (for short the Tribunal) was asked to submit report with regard to the validity of driving licence held by the driver of the offending vehicle. It was also ordered that the Insurance Company should deposit the amount awarded by the Tribunal for payment to the claimants subject to the final adjudication of the case. 2. Now report from the learned Tribunal has been received and on issue no.2 it has been recorded that respondent No.1 was having a valid driving licence at the time of the accident. In view of the report of the learned Tribunal this appeal is disposed of by holding that the Insurance company is liable indemnify the insurer as the vehicle was duly insured and the driver was having a valid driving licence. The impugned part of the award vide which the Insurance company was exonerated stands set aside and the liability of the insurance company is held to be joint and several with the owner and driver. Appeal stands disposed of. --------------------