ORIENTAL INSURANCE COMPANY LIMITED Vs. DALBIR SINGH

JUDGEMENT

(1.) This is an appeal against the judgment dated 26. 9. 1988 passed by the learned Single Judge in FAO No. 1099 of 1987 which was filed by the respondent No. 1 against the award dated 10. 8. 1987 of the Motor Accidents Claims Tribunal, Ropar.

(2.) GURBACHAN Singh, who was working as JBT Teacher died as a result of accident caused by car No. HYA-77 near Ice Factory at Chamkaur Sahib, where the deceased was standing. Gurbachan Singh was injured in the accident and after remaining hospitalised for almost a month and half, he died at the age of 42 years. In the claim petition filed by the heirs of Gurbachan Singh, the Tribunal held that the accident was caused due to the rash and negligent driving of the car by its driver Dalbir Singh alias Balbir Singh alias Gudda. It further held that heirs of the deceased were entitled to compensation amounting to Rs. 94,440/ -. However, the tribunal also accepted the plea of the Insurance Company-appellant that it was not liable to pay compensation and directed that the compensation be paid by Balbir Singh alias Balbir Singh alias Gudda. In the appeal filed by the respondent No. 1, Dalbir Singh, the learned Single Judge held that he possessed a valid driving licence and, therefore, the Insurance Company and the; driver were jointly and severally liable to pay compensation alongwith interest.

(3.) WE have carefully persued the impugned judgment and are in complete agreement with the learned Single Judge that the Insurance Company is jointly and severally, liable to pay compensation. While dealing with the issue relating to the validity of driving licence the learned Single Judge observed :