SAT PAL Vs. RAM PHAL

JUDGEMENT

(1.) The appeal is being taken up for final disposal after the Full Bench judgment of this court rendered in National Insurance Co. Ltd. v. Parveen Kumar, 2005 ACJ 1178 (P&H).

(2.) The owner and driver of the offending vehicle (Matador No. DL 1C-D 2181) have impugned the award of the Motor Accidents Claims Tribunal, Rohtak dated 29.11.2000, whereby a sum of Rs. 40,000 along with interest at the rate of 12 per cent is awarded, to Ram Phal, respondent No. 1 (claimant) on account of the injuries received by him in a vehicular accident. Insurer of the offending vehicle (United India Insurance Co. Ltd.), respondent No. 3, has been absolved to indemnify the insured on the ground that driver of the offending vehicle was not competent to drive Matador because the licence held by him was of car, jeep and motor cycle and it did not include the light motor vehicle and, therefore, there was violation of the terms and conditions of the insurance policy. Appellant No. 1 was, in fact, the superdar of the offending vehicle, whereas Angrej Singh was the registered owner of the said vehicle, therefore, the present two appellants and Angrej Singh, respondent No. 2, were held liable jointly and severally to satisfy the award.

(3.) The record reveals that there is delay of seven days in filing the appeal, which already stands condoned by this court vide order dated 15.10.2001.