ANAND Vs. JAI PARKASH ALIAS BADAL

JUDGEMENT

(1.) THIS Bunch of four appeals arise out of the award of the Motor Accident Claims Tribunal, Bhiwani dated 5.12.1995, whereby certain amounts have been awarded by way of compensation on account of the accident involving jeep bearing No. DL-IC-B-7127, being driven by its driver Rambir, respondent No. 1. The appeals have been filed only by the owner of the vehicle.

(2.) MR . I.S. Balhara, learned counsel appearing for the appellant has placed his argument primarily on issue Nos. 3 and 8 (which and inter-connected) and dealt with the question as to whether Rambir, the driver of the vehicle, who appeared as RW-1, was holding a valid driving licence on the day of the accident. It has been argued by Mr. Balhara that from a bare perusal of the ocular evidence on record, it was clear that a valid driving licence had been issued to Rambir by the District Transport Officer, Una (H.P.) which had subsequently been renewed from Loharu in the State of Haryana and as such, the appellant was under the bonafide belief that Rambir did hold a valid driving licence and had given him employment on that basis.

(3.) AS would be evident, the primary grievance of the appellant is that as Rambir was holding a valid driving licence, the owner was not liable for the payment of the compensation as that liability was to be fastened upon the Insurance Company with which the vehicle had been insured. There is no merit in this plea.