NATIONAL INSURANCE CO LTD Vs. JUMRATI

JUDGEMENT

(1.) This appeal is filed by the insurance company against the judgment of the court below exercising the powers of Tribunal under the Motor Vehicles Act.

(2.) It appears that Tribunal had dismissed the claim petition qua the appellant and decreed the claim of the claimants against the owner of the vehicle on the ground that driver of the vehicle who was driving the vehicle at the time of accident did not have a valid licence for driving. The owner of the vehicle, thereafter, seems to have filed a review petition before the Tribunal and the Tribunal, while deciding the review petition and granting the same, held that driver had a valid licence at the time of the accident, therefore, appellant was liable to pay the compensation and not the owner.

(3.) It appeals that in the written statement the owner had given the driving licence number of the driver as 2481/80 which was valid up to 14.1.1991. In the review petition it was stated that the number of the driving licence was 21181/80 and it was valid up to 14.7.1991. The occurrence had taken place after 14.1.1991 and before 14.7.1991. The Tribunal's findings on the review petition are said to be without jurisdiction, bad and unwarranted. On facts also it is stated that Tribunal could not rewrite the judgment by fastening the liability on the insurance company when in the first instance the liability was fastened on the owner of the vehicle.