KHEM SINGH Vs. SUMAN AND ANOTHER

JUDGEMENT

(1.) The present appeal has been filed by Khem Singhclaimant, major son of Gurdev Singh(since deceased), challenging the award dated 03.01.2007 passed by learned Motor Accident Claims Tribunal, Fatehgarh Sahib, whereby the claim petition filed by the appellant-Khem Singh and his mother, Smt. Amar Kaur widow of Gurdev Singh (since deceased) was dismissed.

(2.) Learned counsel contends that the claim petition was filed under Section 163A of the Motor Vehicles Act and as such they had not to prove the negligence on the part of the driver of the offending vehicle and it was sufficient for the claimants to prove that Gurdev singh (since deceased) had died on account of use of a motor vehicle which had duly been established on the record. She further contends that the learned Tribunal had not decided the issue with regard to the amount of compensation to which the appellant was entitled. It has also been contended that the learned Tribunal has also wrongly held that the driver of the offending vehicle was proceeded against ex parte, therefore, the licence could not be produced on record and, as such the said issue has to be decided against the claimants. It has also been contended that Gurdev Singh was earning Rs.3300/- per month from agriculture in addition to selling of milk.

(3.) On the other hand, learned counsel for the registered owner of the offending vehicle has not disputed the fact that the accident had taken place but asserted that the appellant being a major son of the deceased was not entitled to any compensation. He further submits that the Insurance Company had failed to prove that the driver was not holding a valid driving licence, therefore, the liability cannot be fastened on the registered owner. On the date of accident Amit Bajaj was the driver of the offending vehicle who had later left the job, therefore, the registered owner could not produce driving licence of Amit Bajaj. It has also been contended that the registered owner had seen the driving licence of Amit Bajaj at the time of his employment and also taken test of the driving skill of Amit Bajaj. Therefore, in case the award is passed in favour of the claimant, the same should be ordered to be paid by the respondent- Insurance company since the offending vehicle was insured with the said Insurance company on 21.04.2004, i.e. the date of accident.