NEW INDIA ASSURANCE CO. LTD Vs. KALEEM KHAN

JUDGEMENT

(1.) THIS revision application has been filed against the order dated 20.1.2007 passed by learned Motor Accident Claims Tribunal, Sagar in Claim Case No. 40/2004 whereby the claim application of the respondents has been allowed to the extent of Rs. 6,500.00.

(2.) THE contention of learned counsel for the applicant is that the driver of the offending vehicle-respondent no.2 was having license for the period 7.4.1997 to 6.4.2000 and the impugned accident occurred on 25.11.2003. Learned counsel further submits that the driving license of respondent no.2 was renewed only on 2.12.2003 and, therefore, on the date of accident i.e. 25.11.2003 respondent no.2 was not having any valid driving license and, therefore, no liability can be fastened upon the shoulders of the applicant-insurer. In support of his contention, learned counsel has placed heavy reliance on the decision of Supreme Court National Insurance Company Limited Vs. Jarnail Singh and Others (2007) 15 SCC 28.

(3.) ON bare perusal of the finding of learned Tribunal while deciding issue no.3 in para 11, it is gathered that for the period 6.4.2000 to 2.12.2003, the license was not renewed by the driver- respondent no.2 and, therefore, I am of the view that the applicant-insurer cannot be held responsible to pay compensation to the claimants because the accident took place on 25.11.2003. However, looking to the meagre amount of award of Rs. 6,500.00, it is hereby directed that the applicant-insurer shall be free to realize the said amount from the driver and owner of the offending vehicle.