VIVEK KUMAR & ORS. Vs. KAMLESH & ORS.

JUDGEMENT

(1.) BY virtue of this Appeal, the Appellant, who is the owner of the vehicle No. DL -1YA -8168 involved in the accident prays for setting aside of the impugned order dated 05.01.2012 to the extent, the recovery rights were granted against him. I have before me the Trial Court record. The Learned Counsel for the Appellant has taken me through the written statement filed by Respondents No. 1 and 2 (before the Claims Tribunal) and the Appellants herein. Para 3 of the written statement is extracted hereunder: -

(2.) COPY of the driving licence No. V -13/4/04 Dated 14 -03 -02 was placed on record of the Claims Tribunal. The licence clearly shows that the licence was issued to drive motorcycle and LMV (Private) on 14.03.2002. An endorsement to drive commercial vehicle was made w.e.f. 05.08.2006 to 04.08.2009. This accident took place on 21.06.2009. Thus, the licence possessed by the First Appellant covers the period of accident.

(3.) THE impugned order so far as it grants recovery rights against the Appellants is set aside.