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Rajasthan High Court · body

2019 DIGILAW 2548 (RAJ)

Badami Lal v. Tara Devi

2019-09-20

PUSHPENDRA SINGH BHATI

body2019
JUDGMENT Pushpendra Singh Bhati, J. - The appellant owner has preferred this misc. appeal claiming the following relief :- "It is, therefore, respectfully prayed that this appeal may kindly be allowed and the impugned Judgment and Award dated 30.8.01 may kindly be quashed and set aside and the liability of the Award may be fastened on the insurance company." 2. The issue in question is that the driver of the vehicle owned by the appellant was not having valid driving license on the date of accident which is covered by the law as laid down by the Hon'ble Supreme Court in (1) National Insurance Co. Ltd. vs. Swaran Singh, (2004) 3 SCC 297 (2) Ram Babu Tiwari vs. United India Insurance Company Limited and others, (2008) 8 SCC 165 ; and (3) Parminder Singh vs. New India Assurance Company Limited and Others, (2019) 7 SCC 217 . 3. Admittedly, the driver of the vehicle was not holding valid driving license and thus, the appellant owner cannot disclaim the liability. The pay and recovery orders are already there in the impugned judgment. Thus, no interference is called for in the impugned judgment. 4. In view of the above, the present appeal, being devoid of merit, is hereby dismissed.