RAJESH RAJPUT Vs. BHUPENDRA SINGH

JUDGEMENT

(1.) Shri Uttam Maheshwari, learned counsel for the appellant. None for the respondents.

(2.) Limited question which crops up for consideration in this appeal preferred under Sec. 173 of the Motor Vehicles Act, 1988 by the owner of the offending truck bearing registration No. MUK 8344 whereof an accident caused by the same has resulted in sustaining injuries by respondent No. 1 is whether the claims tribunal was justified in holding that the driver, i.e., respondent No. 3 was not having effective driving licence (the tribunal found that the licence in possession of respondent No. 3, driver of offending vehicle was a faked one).

(3.) The claims petition was preferred by respondent No. 1 who sustained injuries due to the accident which occurred on 29.11.1995 when a truck bearing registration No. MUK 8344 driven rashly and negligently by respondent No. 3 hit him causing injuries, viz., contusion with laceration over nose bleeding size 3 cm x 2 cm, contusion with laceration over right forearms in between little finger, contusion over right thigh 10 cm 1 12 cm bony crapitus. The claims tribunal after holding that the injuries sustained by the appellant was due to the accident caused by use of jotor vehicle, viz., Truck bearing registration No. MUK 8344, however, held that on the date of occurrence the driver was not having valid and effective driving licences and accordingly exonerated the insurance company from its liability. It is this verdict of the claims tribunal which the appellant, owner of offending truck has preferred this appeal.