ABHISHEK NAGPAL Vs. KARAMJIT KAUR AND ORS.

JUDGEMENT

(1.) THE instant appeal is filed by the owner of the offending vehicle Truck bearing No. HR -68 -2845 seeking to set aside the order of the Motor Accident Claims Tribunal (for brevity 'Tribunal') whereby the Insurance Company has been granted recovery rights against the appellant. The accident occurred on 30.09.2009. Deceased Jatinder Singh was pillion rider on motorcycle driven by one Gurdev. The motorcyclist were hit by the speeding Truck coming from the opposite direction. The Tribunal awarded an amount of Rs. 3,14,000/ - as compensation to mother of the deceased. Learned Tribunal found that driver was not holding a valid driving licence on the date of accident of the Truck and granted right of recovery to Insurance Company -respondent No. 3.

(2.) I have heard learned counsel for the appellant, learned counsel for the respondent No. 3 -Insurance Company and I have perused the award passed by the Tribunal.

(3.) LEARNED counsel, however, referred to the statement made by the appellant as owner of the vehicle before the Tribunal as RW -1 (Annexure A -2). In the affidavit of the appellant tendered as Ex. RW 1/A before the Tribunal, the stand of the appellant is that he employed respondent No. 3 as driver of the vehicle after satisfying himself about the licence held by the driver. He verified the licence which was issued by the Licensing Authority, Solan, H.P. He also checked the stamp of the Licensing Authority, Solan, H.P. as well as the renewal by the Licensing Authority, Panchkula and had obtained a photostat copy of the driving licence of respondent No. 3 to ensure about the latest renewal of the licence from 20.11.2009 to 19.11.2012 from the Licensing Authority, Panchkula. It was thus, stated that the appellant to all precautions while employing respondent No. 4 as driver and also took driving test and thus, could not doubt the driving skills of respondent No. 4.