RAJINDER KUMAR Vs. LAL BACHAN

JUDGEMENT

(1.) APPELLANT Rajinder Kumar, who is the owner of the offending truck No.DL-1GA-8816 impugns a judgment dated 30.07.2011 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby while awarding compensation of Rs.3,55,414/- in favour of the First Respondent, the Claims Tribunal granted recovery rights against the Appellant on the premise that the driving licence held by the Second Respondent was fake and the Appellant committed a breach of the terms and conditions of the policy.

(2.) THE quantum of compensation and the finding on negligence is not challenged by the Appellant. Thus, the same has attained finality.

(3.) THUS , the recovery rights were granted on the premise that the Appellant's testimony that he checked the licence at the time of employing the driver was not believable in as much as the driving licence was issued by the MV Department, BRN Bhadoli, U.P. whereas the Appellant R2W1 deposed that he saw the driving licence of the driver which was issued from State of Assam.