NATIONAL INSURANCE CO. LTD Vs. ASHA

JUDGEMENT

(1.) The appellant is seeking recovery rights against respondent no.6 on the ground that the driver of the DTC bus was not holding a valid driving licence at the time of the accident.

(2.) The accident dated 1st July, 2001 resulted in death of Rakesh Kumar who was survived by his widow and three minor children who filed the claim petition. The appellant contested the claim petition on the ground that the driver of the offending vehicle was not holding a valid driving licence at the time of the accident. The Claims Tribunal passed an award of Rs.4,27,600/- against the appellant. However, the Claims Tribunal declined to grant the recovery rights to the appellant to recover the award amount from respondent no.6.

(3.) Respondent no.6 itself examined the Assistant Traffic Inspector of DTC as R2W1 who produced the original register maintained by DTC according to which driving licence no.C98070292 valid up to 8th July, 2001 was renewed up to 4th October, 2005. However, the witness did not prove the date of renewal of the licence. R2W3, Record Clerk, Motor Licensing Office, Delhi deposed that the driver had a HTV license valid from 5 th October, 2002 to 4th October, 2005. R2W5, Assistant Traffic Inspector of DTC deposed as per the entries made in the register that the old license no. C-8072539 was valid up to 13th March, 1998 and the new license no. C-98070292 was valid upto 8th July, 2001.