ORIENTAL INSURANCE CO LTD Vs. KULDEEP

JUDGEMENT

(1.) APPELLANT -claimant is in appeal against the award dated 31.08.2013, passed by the Motor Accident Claims Tribunal, Gurgaon (hereinafter to be referred as 'The Tribunal'), whereby 'The Tribunal' has awarded compensation of Rs. 1,63,000/ -.

(2.) RELEVANT facts for the purpose of decision of the present appeal that motor vehicle accident took place on 19.02.2009 at about 12.30 (mid night) involving Maruti Van bearing registration No. HR -55F - 2151 and offending truck bearing registration No.HR -38G -3266. The said accident resulted into grievous injuries to claimant, who was shifted to Mamta Hospital, Gurgaon, by some passerby. The matter was reported to the police. Respondents contested the claim petition and 'The Tribunal' after appreciating the evidence available on file awarded compensation of Rs. 1,63,000/ -.

(3.) MR . Amit Jaiswal, learned counsel for appellant -insurance company took the plea that 'The Tribunal' fell in error while awarding the amount of compensation and fixing the liability of appellant -insurance company and also to make the payment of compensation and at the first instance to make the payment and thereafter to recover the same from the owner. As per learned counsel for appellant, respondent No.1, driver of the offending vehicle had not produced any driving licence. As per RW2 Kuldeep he was having driving licence Ex.PW -4/C, which was issued on 14.09.2007 from Licencing Authority, Mathura and 'The Tribunal' has already returned finding that insurance company is liable to make the payment at the first instance and the said findings are liable to be reversed as Kuldeep was not having any valid licence on the date of accident as proved on record.