CHANDI RAM Vs. SUMAN DEVI

JUDGEMENT

(1.) The Motor Accidents Claims Tribunal, Hisar, while allowing the claim application filed under Sec. 166 of the Motor Vehicles Act, 1988, on account of death of late Sh. Lalit has permitted the insurance company to recover the amount from owner and driver of the offending vehicle, which was found to be driven rashly and negligently.

(2.) The driver of the bus assails correctness of the findings of the Tribunal with respect to grant of the recovery rights to insurance company against the appellant. The appellant in order to prove his driving licence examined Sumit Nahar, RW3 an official from the Regional Transport Authority Office, Jhansi, from where the alleged driving licence is stated to have been issued. Sh. Sumit Nahar failed to prove that the driving licence was issued by the office of RTA, Jhansi. He stated that some part of the register, where the particulars with respect to issuance of various other driving licence are noted is damaged. However, he failed to draw the attention of the Court with regard to issuance of a valid licence in favour of the appellant. In these circumstances, the Tribunal has permitted the Insurance Company to recover the amount from the owner and driver.

(3.) Heard the learned counsel for the appellant at length and with her able assistance perused the paper book.