MOHAN LAL KANOJIA Vs. S K JAIN

JUDGEMENT

(1.) Appellant Mohan Lal Kanojia challenges the award dated 13.04.2007 passed by the Motor Accident Claims Tribunal (the Tribunal) granting compensation of 11,9,279/- whereby the Respondent No.2 The Oriental Insurance Company Limited was directed to make payment of the awarded compensation with a right to recover the same from the Appellant who was the owner of the offending Bus No. DL-IP-5284 on the ground that the driver did not hold a valid and effective driving license at the time of the accident.

(2.) During the pendency of the Appeal an Affidavit was filed by the Appellant stating that the driving license bearing No.C970205511 was issued by Anand Vihar Transport Authority and that the fact had been verified by the Transport Department in response of the RTI application filed by the Appellant. A photocopy of the driving license was also placed on record.

(3.) In the Counter Affidavit filed by the Insurance Company, it was stated that the license was verified from the Licensing Authority Mayur Vihar (and not from the Licensing Authority Anand Vihar). It was not disputed by the learned counsel for Respondent No.2 Insurance Company that the particulars given concluded that the licence issued by the Anand Vihar Transport Authority was a genuine. It is, however, urged by the learned counsel for Respondent No.2 that negligence on the part of the driver was not established as the FIR No.165/1998 of Police Station Tilak Marg was sent as untraced.