HARJINDER SINGH Vs. HARPAL SINGH

JUDGEMENT

(1.) CM -573 -74 -CII -2014

(2.) THE present appeal has been filed by the owner and driver, assailing the award passed by the learned Motor Accident Claims Tribunal, Gurdaspur (for short 'the Tribunal'), dated 2.5.2013. Learned counsel for the appellants vehemently argued that the vehicle was insured at the time of accident and the driver of the Tractor was holding a valid driving licence. Therefore, the appellants i.e. owner and the driver of the offending vehicle are not liable to pay the compensation.

(3.) IT is not disputed that Harpal Singh - respondent No. 1 suffered injuries in a motor vehicular accident on 14.2.2011. The offending tractor was being driven by appellant No. 2. The learned Tribunal awarded compensation to the tune of Rs. 2,05,700/ - to the claimant -respondent No. 1 and the Insurance Company was held liable to pay the compensation and then recover the same from the appellants being the owner and the driver of the offending vehicle, as the driver was not having a valid driving licence at the time of accident. In para No. 13 of the impugned Award, the learned Tribunal has recorded as under: - -