BHAJAN SINGH Vs. SARLA DEVI

JUDGEMENT

(1.) Respondent Nos. 1 to 4 are legal representatives of deceased - Sham Lal, who died in the impugned motor vehicular accident on 9.9.2003. The Motor Accident claims Tribunal, Barnala (hereinafter referred to as the Tribunal) allowed the petition (in favour of Sarla Devi, Vanita Rani and Arun Deep, respondents) vide the impugned award dated 19.4.2005. The compensation awarded was Rs. 4,34,000/-, with interest at the rate of 7% w.e.f. the date of filing of the petition till realization thereof. The petition was dismissed qua respondent-Amandeep. The award amount, which was ordered to be equally apportioned, was ordered to be payable by the registered owner/appellant and also respondent Nos.5 and 6, who are the driver and insurer respectively of the offending vehicle. It was ordered that as the driving licence in favour of respondent No. 5 (driver) was found to be fake, the insurer would be entitled to indemnification (to the extent of the amount paid by it) by the appellant- registered owner of the offending vehicle.

(2.) We have heard Mr. Sant Pal Singh Sidhu, learned Counsel for the appellant. None appeared on behalf of the respondents despite service.

(3.) The only grievance presented before us is with regard to the right of indemnification afforded vide the impugned award to the insurer. In order to obtain invalidation of that finding, learned Counsel for the appellant argued that the appellant cannot be said to have committed any breach of the terms and conditions governing the impugned insurance policy in view of the fact that the appellant-employer had a glance at the driving licence produced by respondent No. 5 at the time of employment and, in the absence of any indication to the contrary, he opted to infer in favour of the genuineness of that document.