NEW INDIA ASSURANCE CO LTD Vs. MHOD LIAQ

JUDGEMENT

(1.) THESE two Cross Appeals arise out of a judgment dated 06.11.2007 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of RS.2,75,000/- was awarded for the death of a school going student Mohd. Danish aged 10 years at the time of the accident. On appreciation of evidence the Claims Tribunal found that the accident was caused because of the rash and negligent driving of tanker bearing No. UP 13 D 5376 driven by Respondent No.3 (Amit Kumar). The tanker was owned by Respondent No.4 Smt. Mumtaz Inayat. Relying on the judgment of Syam Narayan v.Kitty Tours 4 2005 SCC 1, the Claims Tribunal awarded a compensation of RS.2,75,000/-.

(2.) IT is urged by the learned counsel for the Appellant that during inquiry before the Claims Tribunal it was established that the tanker was being driven by Respondent No.3 without holding a valid licence for the same. It was also established that the Respondent No.4 did not possess a valid permit for the tanker. The Claims Tribunal erred in holding that the owner possessed a valid permit and, therefore, declined recovery rights to the Appellant.

(3.) I have perused the testimony of R3W1. The witness has categorically stated that on the date of the accident i.e. 13.02.2006 the vehicle did not have any permit issued from their Authority. As stated earlier the permit was issued on 14.02.2006 and was valid upto 07.07.2006. A notice under order XII Rule 8 CPC Ex. R3W3/2 was issued to the owner to produce the permit to ply the vehicle. Admittedly the notice remained unserved. Although Respondents No. 3 and 4 filed the written statement but they preferred not to produce the permit.