ANIT PAL Vs. FUDEES MANDAL

JUDGEMENT

(1.) THIS Appellant impugns a judgment dated 05.07.2008 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby while awarding a compensation of Rs.7,08,000/- in favour of the First Respondent, the Respondent No.4 Oriental Insurance Company Limited was granted recovery rights on the premise that the driving licence held by the Respondent No.3 Amjad Ali, the driver of the offending vehicle was not valid to drive the offending vehicle.

(2.) IN the Appeal it is stated that Respondent No.3 Amjad Ali had produced the driving licence No.1559/OR/RPR/2002 (Old driving licence No.2884/TPT/MBD/2000) which was valid to drive LMV transport and an endorsement was made on the driving licence to drive a transport vehicle w.e.f. 29.11.2003 which was valid upto 28.11.2006 (renewed subsequently also). The Respondent No.3 Amjad Ali produced only that licence to the Appellant. An Affidavit to this effect was filed by the Appellant in the Appeal. A verification report from the Motor Licensing officer, Rampur, U.P. was also filed along with the Appeal.

(3.) THE learned counsel for the Respondent Insurance Company drew my attention to Form 4, Form 5 and Form 8 appended to the Rules which prescribe the form of application to obtain a licence to drive motor vehicle; a certificate of training required to be issued by a driving school/establishment and an application for the addition of a new class of vehicle to the driving licence.