BHARAMA Vs. RAJASHREE

JUDGEMENT

(1.) The above appeals have been filed by the Owner of the vehicle involved in the accident, the subject matter of the proceedings in MVC Nos.579/2013 and 582/2013.

(2.) The nature and occurrence of the accident, coverage of the insurance policy are not in dispute. Hence, the facts leading up to the accident and thereafter are therefore not required to be adverted to.

(3.) By way of the aforesaid judgment, the tribunal had imposed the entire liability on the owner of the vehicle on the ground that the driver of the vehicle did not possess a licence to drive the vehicle in question. In regard to this the tribunal has considered Ex.R1 being the charge sheet filed under Sections 279 and 304 of the IPC read with Section 3 along with 181 of the M.V. Act , to hold that since the charge sheet was laid under Section 3 of the M.V. Act and there was no valid driving licence and in this regard, the tribunal held that there was no evidence, which was laid to rebut the allegation, by the owner entering into the witness box and as such imposed the entire liability on the owner of the vehicle absolving the insurance company of the same.