SURENDER SINGH Vs. BIMLA DEVI AND OTHERS

JUDGEMENT

(1.) The above titled two appeals arise out of the award dated 5.2.2011 passed learned Motor Accidents Claims Tribunal, Panchkula (for short, "the Tribunal"). Surender Singh, the claimant suffered injuries in a roadside accident that took place on 19.5.2007. For his injuries, he filed a claim petition under section 166 of the Motor Vehicles Act, 1988 seeking compensation in a sum of Rs. 7 lakhs. Learned Tribunal vide the impugned award allowed the claim petition in a sum of Rs. 59,068/-.

(2.) It has also observed that though, the respondents have placed on record driving licence of Sukhdev Singh as Ex.R4, they have not placed on record driving licence of Sham Lal, who had been driving the vehicle and has been held liable for causing the accident by driving the vehicle negligently. It was, thus, held that respondent No.2, Sham Lal, was not proved to be holding a valid driving licence at the time of accident. Consequently, respondents No.1 and 2 were held liable to pay the compensation and respondent No.3, the insurer, has been exonerated from the liability to pay the amount of compensation.

(3.) FAO No. 4076 of 2011 has been brought by the claimant for enhancement of compensation, while FAO No. 4944 of 2011 has been brought by Bimla Devi, the owner of the offending vehicle challenging the aforesaid finding of learned Tribunal exonerating respondent No. 3 from its liability to indemnify the owner of the vehicle.