ORIENTAL INSURANCE COMPANY LTD Vs. PREM LATA

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988 seeks to impugn the judgment and award dated 17th May, 2003 passed by the Motor Accidents Claims Tribunal, Delhi in Suit No.77/03.

(2.) THE facts pertinent for the decision of the present appeal are that on 29.07.1989, one Shri Karam Singh alongwith his brother-in- law was going to Okhla as pillion rider on the scooter driven by his brother-in-law, when the scooter was hit by a DTC bus bearing Registration No.DEP-4615, resulting in his demise. A Claim Petition was filed by the legal representatives of the deceased against the driver, the owner and the insurer of the offending bus, who were held liable to pay compensation in the sum of ` 7,45,396/- with interest at the rate of 9% per annum from 09.02.2001 till realisation of the awarded amount. THE appellant-M/s. Oriental Insurance Company Ltd. was directed to make payment of the aforesaid award amount.

(3.) THE sole contention of Mr. Pankaj Seth, the counsel for the appellant is that the driving licence of the driver of the bus in question, bearing No.C 87098625, was not valid at the time of the accident. In this context, Mr. Seth has relied upon the testimony of RW1 R.K. Sharma, Senior Assistant, Oriental Insurance Company Ltd., who deposed that the driving licence of the respondent No.5, Ramesh Rana was not valid, and as such, the Insurance Company was not liable to make the payment. THE said witness proved the report of the Transport Authority regarding the disputed driving licence as Ex.RW1/2. THE said document was perused by me and found to contain the following Note: