JASWANT KAUR Vs. MALKIAT KAUR

JUDGEMENT

(1.) THIS appeal has been filed by the owner of Truck No. PB-12-A-4706 against the award dated 4.1.2000 of the Motor Accident Claims Tribunal, Rupnagar (for short 'the Tribunal') whereby it has fixed the liability to pay compensation on her on ground that the driver of the offending vehicle was not holding a valid licence. The grievance of the appellant is that the claim petition had been filed by the claimants in which Ranjit Singh was alleged to have been driving the offending truck and had been impleaded as respondent No. 1. On the pleadings of the parties, the Tribunal framed issue No. 1 as under :-

(2.) WHILE disposing of this issue, the Tribunal held that the vehicle in question was being driven by Inderjit singh and not Ranjit Singh. The Tribunal thereafter also recorded a finding that Inderjit Singh was not holding a valid licence. It is on this basis that the Insurance Company was absolved and the liability to pay compensation was fixed on the owner- appellant.

(3.) WHILE disposing of this issue if the Tribunal comes to the conclusion that the offending truck was in fact being driven by Ranjit Singh, it shall also record a consequential finding whether he was holding a valid driving licence or not. The Tribunal shall submit its findings within six months from today.