ASHOK KUMAR CHOURASIYA Vs. PANKAJ CHOURASIYA & ORS.

JUDGEMENT

(1.) BEING aggrieved by the award dated 30.8.1997 passed in claim case No. 49/95, whereby an award of Rs. 50,000/ - has been passed in favour of respondent No. 1, the present appeal is filed.

(2.) THE short facts of the case are that the respondent No. 1 filed a claim petition for realization of Rs. 1,35,000/ - on account of accident, which took place on 19.9.94 by the offending vehicle bearing registration No. MP 20 -E/ 4195, which was insured with respondent No. 3. The claim petition was opposed. After framing of issues and recording of evidence, the learned tribunal awarded a sum of Rs. 50,000/ - with interest and exonerated the respondent No. 3 on the ground that it is not proved that respondent No. 2 was the driver of the vehicle at the relevant time and also respondent No. 2 was not possessing a valid driving licence on the date of the accident.

(3.) LEARNED counsel for the appellant Shri A.K. Pathak submits that the learned tribunal has committed error in exonerating the Insurance Company - respondent No. 3 herein on the ground that it is not proved that offending vehicle was being driven by respondent No. 2 at the relevant time and from the evidence it is proved that respondent No. 2 was not having a valid driving licence at that time. Learned counsel for the appellant submits that the learned tribunal in para 8 of the award has come to the conclusion that it is not proved that respondent No. 2 was driving the vehicle at the relevant time, then in para 9 of the award finding to the effect that respondent No. 2 was not having a valid licence at the relevant time is of no consequence. Learned counsel further submits that from the documents, which have been produced and the evidence adduced by the Insurance Company, it is not proved that respondent No. 2 was not having a valid licence.