JIBUBHA MANUBHA CHAUHAN Vs. BHANUPRASAD SHANTILAL PUROHIT

JUDGEMENT

(1.) The present First Appeal, under Sec. 173 of Motor Vehicles Act, 1988, is preferred by the appellant - Insurance Company, being aggrieved and dissatisfied with the judgment and award dtd. 31/8/2013 passed by the Motor Accident Claims Tribunal (Aud.), Kheda at Nadiad in Motor Accident Claim Petition No. 1433 of 2002, by which the Tribunal has awarded compensation of Rs.78,554.00 with 7.5% per annum interest to the claimants, holding Opponents i.e. driver and owner liable, jointly and severally. The Tribunal has exonerated opponent No.3 - Insurance Company from the liablity.

(2.) Brief facts of the case are as under:

(3.) 1 Learned advocate Mr. Modi for the appellant - original claimant has submitted that the only issue involved in the present appeal is as to whether the driver can driver the vehicle involved in the accident in view of the fact that he was holding the driving licence to drive only non transport vehicle. Therefore, he has relied on the observations made in the judgment of Hon'ble Apex Court in the case of Mukund Dewangan (supra), more particularly para : 42, 43, 45 and 46, which are reproduced as under :