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2013 DIGILAW 16 (RAJ)

National India Insurance Co v. Oma Ram

2013-01-03

GOPAL KRISHAN VYAS

body2013
JUDGMENT 1. - Instant appeal has been filed under Section 173, Motor Vehicles Act, 1988 by the appellant National Insurance Company, in which, the appellant is challenging the validity of the award passed by the Motor Accident Claim Tribunal-I, jodhpur dated 18.9.2012 passed in M.A.C. Case No. 492/2009, whereby, the Claim Tribunal awarded compensation of Rs. 2,25,000/- in favour of the claimants along with 8.5% interest with effect from 18.6.2009. 2. As per facts of the case, a claim petition was filed before the Motor Accident Claim Tribunal-l, jodhpur under Section 169-A contending therein that deceased Chena Ram was going on 17.4.2009 from Kosana to Atpada along with his relatives. While they stopped near Beerawas for drinking water, at the time of crossing the road, a Marshal jeep bearing No. MH-15-K-7579 which was being driven rashly and negligently by its driver Fakruddin dashed against the deceased; and, as a result of the said accident, deceased Chena Ram sustained injuries and he died during treatment in the hospital. 3. An F.I.R. was also lodged at Police Station Bilara, in which, after investigation challan was filed by the police against the driver of the offending vehicle for offences under Sections 279, 337 and 304A, I.P.C. 4. At the time of the accident, deceased Chena Ram was 11 years old and was studying in 5th Class, therefore, after due trial, the Claim Tribunal awarded compensation of Rs. 2,25,000/- in favour of the claimants father and mother. 5. Learned counsel for the appellant insurance Company submits that driver was not holding valid licence on the date of the occurrence, therefore, the Insurance Company is not liable for any compensation. Therefore, the award impugned may be quashed. 6. After hearing learned counsel for the appellant, I have perused the award impugned. 7. In my opinion, the contention of learned counsel for the appellant is totally unfounded because admittedly the driver was holding licence issued on 16.10.1970 and the driving licence was renewed on 21.4.2009; meaning thereby, the day on which the occurrence took place i.e., 17.4.2009, the driver was possessing valid licence in his favour. 8. In view of the above, I see no reason to interfere in the award impugned in the present appeal.Hence, this miscellaneous appeal is hereby dismissedAppeal dismissed. *******