JASWANT SINGH Vs. INDER PAL SINGH

JUDGEMENT

(1.) This order shall dispose off the aforesaid two appeals being FAO-3826-2011 and FAO-3616-2009. FAO-3826-2011

(2.) The present appeal has been preferred by the owner of the offending vehicle against the award dtd. 19/3/2009 passed by the Motor Accident Claims Tribunal, Ambala (hereinafter referred to as the 'Tribunal') as well as the order dtd. 18/3/2011 passed by the Tribunal dismissing the application for setting aside the ex-parte proceedings dtd. 2/3/2009 and ex-parte award dtd. 19/3/2009.

(3.) The brief facts relevant to the present lis are that the claimantrespondent Nos.3 to 7 herein filed a claim petition under Sec. 166 of the Motor Vehicles Act, 1988, for grant of compensation on account of death of Mam Chand in a motor vehicle accident on 27/7/2007. The driver of the offending vehicle (respondent No.1 herein) filed a written statement raising various pleas. The owner of the offending vehicle (appellant herein) also filed his written statement. Written statement was also filed by the insurance company (respondent No.2 herein). It was inter-alia averred in the written statement by the insurance company (respondent No.2 herein) that the driver of the offending vehicle (respondent No.1 herein) was not holding a valid and effective driving licence and route permit. The Tribunal on the basis of the pleadings and the evidence led, held that the driver was holding two driving licences - one for light motor vehicles (LMV) and one for heavy motor vehicles (HMV) - and that a person can hold only one licence and hence it was held that the licence qua heavy motor vehicles (Ex.RW3/A) was a forged and fabricated document. On the basis of the findings, the insurance company (respondent No.2 herein) was not held liable. After leading evidence, the owner of the offending vehicle (appellant herein) was proceeded against ex-parte and the award was passed on 19/3/2009. Thereafter, an application for setting aside the ex-parte proceedings as well as ex-parte award dtd. 19/3/2009 was filed which application was dismissed vide order dtd. 18/3/2011. The award dtd. 19/3/2009 as well as the order dtd. 18/3/2011 dismissing the application for setting aside the ex-parte proceedings have been challenged in the present appeal. Learned counsel for the appellant has relied upon the judgment of a Division Bench of this Court in the case of United India Insurance Company Limited Vs. Raj Rani [1996 (2) PLR 495] to contend that when two driving licences are produced by the driver, it is for the insurance company to verify both the licences. The question whether there is a violation of the Motor Vehicles Act, 1988 by holding two driving licences would be addressed by the authorities and the same cannot be pleaded as a breach of terms and conditions of the insurance policy thereby absolving the insurance company of its liability.