LAWS(P&H)-2000-11-113

DEVSONS PVT. LIMITED Vs. MANJIT KAUR

Decided On November 20, 2000
Devsons Pvt. Limited Appellant
V/S
MANJIT KAUR Respondents

JUDGEMENT

(1.) THIS appeal is filed by the owner of the vehicle i.e. Truck No. PJT-5548 challenging the award of the learned Motor Accident Claims Tribunal (hereinafter referred to as the "Tribunal") passed in MAC case No. 27 of 1994. The Tribunal awarded a sum of R. 3,88,000/- from the appellant and his driver (respondent No. 5). It was also ordered that the amount be paid within three months and if it was not paid within that time then the appellant and his driver respondent No. 5 shall also be liable to pay interest at the rate of 12 percent per annum from the date of writ petition till its realisation.

(2.) THE Insurance Company respondent No. 6 was held not liable to pay the amount of compensation because the driver was held to be not holding a valid driving licence at the time of accident.

(3.) IT has so happened in this case and the position is admitted by learned counsel for the parties that before the Tribunal a driving licence was produced by the driver respondent No. 5 which was proved to be a fake licence. However, the appellant had also lodged a claim before the Insurance Company for the damage to the vehicle in the said accident and at that time a licence was produced by the appellant. It was a different licence than the one produced by respondent No. 5. On the basis of said licence the claim for damage to the vehicle was allowed by the Insurance Company. Issue No. 6 in the case is as under :