MOHD ISHAQUE Vs. SHIV KUMAR CHOUBEY

JUDGEMENT

(1.) THESE revisions are directed against the order dated 28-7-2001, passed by Ist Addl. MACT, Sagar in Claim Case No. 12/2000 and 71/99.

(2.) SHIV Kumar Choubey and Navncct Saraf, non-applicants are the respective claimants of the aforesaid Claim Case Nos. 12/2000 and 71/99. Vide impugned award dated 18-7-2001, the applicant owner of the vehicle has been ordered to pay Rs. 7,653/- and Rs. 10,000/- respectively to non-applicants Shiv Kumar Choubey and Navncet Saraf. Applicant/owner of the vehicle has submitted that the vehicle was driven by a duly licensed and qualified driver and vide impugned order dated 18-7-2001, passed by the Tribunal, the Insurance Company non-applicant No. 3 ought not to have been relieved of its liability from liquidating the claim, as against the applicant/owner of the vehicle, non-applicant No. 3, the Insurance Company has submitted that the driver of the vehicle was not having a valid licence. The licence possessed by him was fake as such, as per terms of insurance policy, the company is not liable to make payment towards the claim of the injured.

(3.) IN the impugned order, the Tribunal has discussed the evidence adduced by the Insurance Company. In Paras 22, 23 and 25 of the impugned order. The Tribunal had held that the driver had a valid licence and on enquiry it was revealed that the aforesaid licence possessed by the driver was fake as not issued by the RTO, Jhansi. It is nowhere stated that the fact of having a fake licence by the driver was known or within the knowledge of the owner of the vehicle applicant Mohd. Ishaque.