NEW INDIA ASSURANCE CO LTD Vs. MITHLESH

JUDGEMENT

(1.) THE appellant has challenged the awards of the Claims Tribunal on the limited ground that the appellant is entitled to the recovery rights against the owner of the offending vehicle.

(2.) THE accident dated 8th December, 1998 resulted in the death of Ramesh Singh and Sanjay Kumar and grievous injuries to Gajender Singh and Rakesh Sumal. All the aforesaid persons were travelling in Maruti Car No.DL -2CJ -1738 which was hit by truck No.DIG -9024. Four claim petitions were filed before the Claims Tribunal against driver, owner and Insurance Company of truck No.DIG -9024. The claim petition was defended by the appellant on the ground that the driving licence of the driver was fake.

(3.) MS . Harsh Kumari, owner of the offending vehicle appeared in the witness box as RW -2 and deposed that she employed Mujib -Ur -Rehman as driver of the offending vehicle. She deposed that at the time of seeking the employment, the driver had shown the driving licence ­ Ex.RW -1/E to her and she had employed him after that.