SHIV KUMAR AND ANOTHER Vs. RAJESH AND ORS.

JUDGEMENT

(1.) THE above mentioned two appeals have been brought by the driver and owner of tractor bearing registration No. HR -16C -9269 against the award dated 11.06.2010 vide which learned Motor Accidents Claims Tribunal, Bhiwani (for short 'the Tribunal') has found the driver to have not been authorized by a valid licence to drive a tractor and, thus, the insurance company was held not liable to pay compensation and though the insurance company was directed in the first instance to pay compensation to the claimants, liberty was granted to it to recover the said amount from owner -driver by filing appropriate proceedings. Rajesh and Sneh Lata being parents of Nishant, who died in a road accident that occurred on 08.12.2008 and Sachin, an injured had filed claim petitions under section 166 of the Motor Vehicles Act, 1988 (for short 'the Act') for compensation. Vide award dated 11.06.2010, learned Tribunal has awarded a sum of Rs. 2,25,000/ - as compensation in favour of Rajesh and Sneh Lata and a sum of Rs. 19,095 in favour of Sachin.

(2.) THE driver and owner by way of the two appeals have questioned the finding of learned Tribunal on the question of validity of licence of Shiv Kumar, respondent no. 1 to drive a tractor, the offending vehicle and grant of recovery rights to the insurance company against them.

(3.) LEARNED counsel for respondent no. 3 has submitted, on the other hand, that the tractor at the time of the accident was having a trolley attached thereto. According to him, when a trolley is attached to a tractor, the tractor becomes a goods carriage and in that event, the licence of the driver should have specific endorsement thereon authorizing him to drive a goods carriage.