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2015 DIGILAW 426 (HP)

Ajay Kumar v. Shubham Kumar

2015-05-01

MANSOOR AHMAD MIR

body2015
JUDGMENT Mansoor Ahmad Mir, C.J. Challenge in this appeal is to the award, dated 24th June, 2006, passed by Motor Accident Claims Tribunal(II), Kangra at Dharamshala, H.P., (hereinafter referred to as the ‘Tribunal’), in MAC Petition No.33-J of 2003, titled Shubham Kumar versus Ajay Kumar and others, whereby a sum of Rs.2,01,200/-, with interest at the rate of 6% per annum, stands awarded in favour of the claimant (respondent No.1 herein) and the owner (appellant herein) was saddled with the liability, (for short the ‘impugned award’). 2. The insurer, the driver and the claimant have not questioned the impugned award on any ground, thus the same has attained finality so far as it relates to them. Only the owner/insured has challenged the impugned award on the ground that the Tribunal has fallen in error in fastening the owner with the liability. 3. I have gone through the impugned award and the record of the case. 4. Admittedly, the driver of the offending vehicle, namely, Mohinder Singh, was having learner’s license valid w.e.f. 22nd October, 2002 to 21st April, 2003, while the accident had taken place on 14th October, 2002. Thus, it is apparent that the driver of the offending vehicle was not having a valid driving license on the fateful day when the accident had taken place. 5. The Tribunal has rightly made discussion in paragraph 12 of the impugned award and has rightly decided issue No.3 in favour of the insurer, by holding that the insured has committed breach of the terms and conditions contained in the insurance policy. 6. Having said so, no interference is required. Accordingly, the appeal is dismissed and the impugned award is upheld.