KISHAN LAL Vs. UNITED INDIA INSURANCE CO. LTD

JUDGEMENT

(1.) THE Appellants impugn the judgment dated 12.04.2006 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby while awarding a compensation of Rs.6,15,000/- in favour of Respondents No.2 to 7 recovery rights were granted to the first Respondent (United India Insurance Co. Ltd.) on the ground that the second Appellant did not possess a valid and effective driving licence on the date of the accident (i.e. 23.04.2004). THE judgment is also challenged on the ground that there was no material produced during the inquiry to reach a conclusion that the Tempo No.HR-38G-8018 was being driven rashly or negligently by the second Appellant at the time of the accident. THE quantum of compensation is also claimed to be exorbitant and excessive.

(2.) IT is not in dispute that the driving licence No.P04012000172033, which was valid for driving motorcycle and LMV (NT), was issued by the licencing authority on 11.01.2000 and was valid up to 10.01.2020. The second Appellant was driving a goods vehicle i.e. a Tempo No.HR-38G-8018 at the time of the accident. The first Respondent (the Insurer) examined R3W1 Naresh Chand, Record Clerk, Motor Licencing Authority, (West Zone) Janakpuri. He proved report Ex. R3W1/1 and testified that the driving licence (in question) was valid for motorcycle and LMV (NT). He deposed that Swaraj Mazda was a public commercial vehicle. The holder of the driving licence Mark "RX"was not authorized to drive Swaraj Mazda.

(3.) WHILE dealing with the issue of negligence the Tribunal held as under: