RAJ RANI Vs. MUKHTIAR SINGH AND OTHERS

JUDGEMENT

(1.) Vide award dated 10.3.2015, the Motor Accident Claims Tribunal, Rohtak, awarded compensation in three cases, while the two petitions were dismissed. The ultimate liability was fastened on the owner i.e. the appellant herein, because right of recovery was given to the Insurance Company.

(2.) The owner Raj Rani filed the present appeals assailing the award on the ground that the Tribunal wrongly held that the driver was not holding a valid driving licence. The vehicle was fully insured and, therefore, the Insurance Company was liable. The owner of the van, when he appeared as RW2, nowhere stated that driver Mohinder Singh was holding a driving licence nor the driving licence was produced on record. The driver had died in the accident. In the FIR, it was wrongly mentioned that the maruti van was hired by Mukhtiar Singh whereas the latter appearing as a witness stated that he had not hired the van but had taken it from the appellant on friendly basis.

(3.) Learned counsel for the appellant argued that in view of the grounds of appeal, as stated above, the appeal should be allowed. He argued that Mukhtiar Singh had not hired the van from the appellant but he had taken it because of the cordial relations with her. He had given the van to Mohinder Singh, his brother, for driving and in such event, the owner was not concerned with the fact whether Mohinder Singh was holding a driving licence or not. The responsibility was of Mukhtiar Singh, who had taken the van. It was also contended that the mistake was made by Mukhtiar Singh by handing over the vehicle to some person who had no driving licence but the Tribunal still awarded compensation to Mukhtiar Singh and his wife for the death of their son. Since Mukhtiar Singh was at fault in giving the vehicle for driving to Mohinder Singh without a driving licence, his son practically died due to his own fault and, therefore, his claim qua the death of his son should have been disallowed.