UNITED INDIA INSURANCE COMPANY Vs. ANIL KUMAR

JUDGEMENT

(1.) THIS FAO arises out of an award dated 25.7.2006 passed by learned Presiding Officer, Motor Accident Claims Tribunal, Jhajjar, in MACT Petition No. 45 of 2004, awarding a sum of Rs. 84,000 with 6% interest per annum in an injury case.

(2.) IN this insurer's appeal, learned Counsel submitted that the driver of the offending vehicle was holding driving licence for driving scooter, motorcycle, car and jeep, whereas while driving a three-wheeler, the accident has occurred. Learned Counsel also submitted that though before the accident and soon thereafter, the driver was found to have a valid driving licence but on the date of accident, the said licence was not renewed. Learned Counsel referred to a latest judgment of Hon'ble the Apex Court , National Insurance Co. Ltd. v. Kusum Rai and Ors. and also a judgment of a learned Single Judge of Madras High Court reported in II (2001) ACC 379 : 2002 3 ACJ 1304, Branch Manager, National Insurance Co. Ltd. v. R. Lakshmanan and Anr. In support of his contentions.

(3.) THUS , in terms of ratio of the judgment rendered in Swaran Singh's case (supra), we are not inclined to accept the appeal. Hence, it is dismissed in limine.