HARJEET SINGH Vs. SANJAY

JUDGEMENT

(1.) The appellant (the claimant) suffered injuries in a motor vehicular accident that occurred at about 8.30 PM on 22.07.1996 involving two wheeler scooter bearing registration No.DL 4SN 9967 (scooter) being driven by him in a collision between it and a truck bearing registration No.DEG 1156 (the truck) admittedly driven by the first respondent (R1W1). He got the claim petition registered under Sections 166 and 140 of Motor Vehicles Act, 1988 (MV Act) before the motor accident claims tribunal (tribunal) on 21.08.1996 whereupon it was registered as petition No.157/06. In the said case, besides the driver of the truck (first respondent), its registered owner (Brahm Dutt) and the insurer (New India Insurance Co. Ltd.) were also impleaded as party respondents. Brahm Dutt, the registered owner of the truck having died, by subsequent application his legal heirs were substituted in his place. The appellant had alleged in the claim case that the accident had occurred due to rash driving of the truck by the first respondent. The case was contested by the first respondent (driver) and the third respondent (insurer), the latter, however, having admitted that it had issued insurance policy against third party risk for the period 02.07.1996 to 01.07.1997 which would cover the date of accident, taking up the defence that its liability was subject to the driver holding a valid or effective driving license.

(2.) During inquiry, the claimant led evidence by examining himself (as PW1) in addition to Ashutosh (PW2) and Dharampal (PW3), both officials of hospitals where he had remained under treatment besides head constable Mumtaz Ali (PW4) to produce the record relating to FIR No.631/1996 which had been registered by police station Janakpuri about the accident.

(3.) The driver (first respondent) examined himself (R1W1) on the strength of affidavit (R1W1/1). The insurance company also led evidence by examining Anchint Uppal (R3W1), an Assistant essentially to prove its defence about the driver not having held a valid driving license at the time of the accident. The tribunal further examined Subhash Chander, Motor Licensing Officer (Rajpur Road, Transport Authority, Delhi - court witness No.1) with regard to registration of the offending vehicle.