DINESH KUMAR Vs. NARESH KUMARI AND OTHERS

JUDGEMENT

(1.) Dinesh Kumar, owner/insured of the offending vehicle has filed the instant appeal to assail the findings of the Motor Accident Claims Tribunal, Panchkula (in short "the Tribunal") holding the insurance company entitle to recover the amount of compensation after payment to the claimants.

(2.) The facts relevant for disposal of the present appeal are that the Tribunal decided five applications under Section 166 of the Motor Vehicles Act, 1988 (in short "the Act") for grant of compensation on account of death of Ishwar Dutt Sharma and injuries suffered by Dev Raj, Dheeraj Sharma, Hari Kishan and Ashok Kumar in a motor vehicular accident on 19.1.2007 due to rash and negligent driving of Mahindra Pick Up Jeep bearing registration No. HR-68-6864 by Dhan Pal, its driver and compensation in regard to loss suffered by the victims was assessed and held to be payable by the driver, owner and insurer of the offending vehicle but the insurance company was given the right to recover the said amount after discharging liability qua the claimants.

(3.) Counsel for the appellant contends that the vehicle in question falls within the definition of light motor vehicle (in short "LMV") as defined in Section 2(21) of the Act and as the driver was holding a licence to drive LMV, the learned Tribunal has grossly erred in holding that the driver was not possessing a valid driving licence which entitles the insurance company to recover the amount of compensation after payment to the claimants.