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2014 DIGILAW 1401 (HP)

Narender Kumar v. Rajesh Kumar

2014-10-10

MANSOOR AHMAD MIR

body2014
JUDGMENT : Mansoor Ahmad Mir, J. Challenge in this appeal is to the award dated 30th July 2011, made by the Motor Accidents Claims Tribunal, Bilaspur, H.P., (hereinafter referred to as ?the Tribunal?) in M.A.C. Petition No. 20 of 2007, titled as Rajesh Kumar versus Narinder Kumar & others, whereby compensation to the tune of Rs.1,86,000/- with interest @ 7.5% per annum from the date of the claim petition till its realization, came to be awarded in favour of the claimant-respondent No. 1 herein and against the owner-insured-appellant herein, for short, the ?impugned award?. 2. The driver, insurer and the claimant have not questioned the impugned award, on any count, thus it has attained finality, so far as it relates to them. 3. The appellant-driver has questioned the impugned award on the ground that the vehicle was insured with respondent No. 3- Insurance Company and it has to satisfy the impugned award. The Tribunal has fallen in error in holding that the driver was not having a valid and effective driving licence at the time of accident. 4. The appellant had laid motion being CMP No. 10 of 2012, under Order 41 Rule 27 of the Code of Civil Procedure, for placing on record the driving licence, which was allowed vide order dated 18.07.2014 and the insurer was asked to obtain verification report of the said licence. 5. Learned Counsel for the insurer-Insurance Company has made statement before this Court on 26.09.2014 that the Insurance Company has obtained verification report to the effect that the driver was having the driving licence to drive =Heavy Transport Vehicle'. His statement was taken on record. The verification report was also taken on record. 6. In the given circumstances, it is held that the owner has not committed any willful breach. 7. Having said so, the insurer-Insurance Company is saddled with liability and is directed to satisfy the award amount within eight weeks from today. On deposit, the same be released in favour of the claimant, strictly as per the terms and conditions contained in the impugned award, through payees account cheque. 8. The owner-insured has deposited the statutory amount to the tune of Rs. 25,000/-, is awarded as costs. The Registry to release the same in favour of the claimant. 9. The impugned award is modified, as indicated above and the appeal is disposed of. 10. 8. The owner-insured has deposited the statutory amount to the tune of Rs. 25,000/-, is awarded as costs. The Registry to release the same in favour of the claimant. 9. The impugned award is modified, as indicated above and the appeal is disposed of. 10. Send down the records after placing copy of the judgment on record.