NEW INDIA ASSURANCE CO LTD Vs. SAVITRI DEVI

JUDGEMENT

(1.) The Appellants impugn the judgment dated 3.10.2008 whereby while awarding a compensation of Rs. 6,88,000/-, the Motor Accident Claims Tribunal (the Claims Tribunal) denied recovery rights to the Appellant on the ground that the holder of LMV (NT) driving licence is competent to drive a transport vehicle which in this case was a Mahindra Jeep (Phat Paht Sewa meant for carrying passengers for hire) bearing registration No. DL-1Q-0277.

(2.) Admittedly, the accident took place on 16.10.2004. Driver of the offending vehicle Shyam Singh (the fifth Respondent) possessed a driving licence No. P05042004257258 valid for the period from 26.4.2004 to 25.4.2024.

(3.) Since no Appeal has been filed by the Claimants, the owner and the driver of the offending vehicle, I am not to go into the question of quantum or the negligence. While dealing with the question of liability, the Claims Tribunal held as under: