NEW INDIA ASSURANCE COMPANY LTD. Vs. JAGDISH SINGH

JUDGEMENT

(1.) THE instant petition is directed against award dated 8.8.2002 passed by the Motor Accident Claims Tribunal, Patiala (for brevity, "the Tribunal"). The Tribunal has awarded a paltry sum of Rs. 9,000/- in favour of the claimant-respondent and the liability is joint and several to be borne by the driver and owner-respondents 2 and 3 respectively.

(2.) MR . N.K. Khosla, learned counsel for the petitioner has argued that there are categorical findings recorded by the Tribunal in paragraph 22 showing that the original driving licence of driver-respondent No. 2 was fake, which was validly renewed by the Licensing Authority, Patiala. The driver was holding the renewed driving licence at the time of accident. According to the learned counsel, this finding is sufficient to bail out the petitioner-Insurance Company from bearing any liability and on that account, the award is liable to be set aside against the petitioner.

(3.) WHEN the facts of the present case are examined in the light of the principles laid down by the Supreme Court in Swaran Singh's case (supra), it becomes evident that specific findings have been recorded in paragraph 22 by the Tribunal that owner of the offending vehicle while employing the driver had verified his driving licence which was validly renewed by the Licensing Authority. Even otherwise, a meagre amount of Rs. 9,000/- has been awarded which would not warrant interference of this Court. For the reasons stated above, this petition fails and the same is dismissed. Petition dismissed.