SURJAN RAM Vs. ANCHAL SINGH

JUDGEMENT

(1.) TWO motor vehicles were involved in an accident. The appellant is the owner of one of the vehicles i. e. Truck No. HR-07-A/1961. The other vehicle was a tractor. Some persons who were ton the tractor received injuries. They filed separate claim petitions and it was held that the driver of the truck was negligent and not the driver of the tractor. The Motor Accidents Claims Tribunal, Kurukshetra, awarded Rs. 20,000/- as compensation On account of the injuries received by the claimant. The truck was insured with National Insurance Company Respondent No. 3. However, the insurance company was absolved of its liability on the ground that the driver of the offending vehicle i. e. the truck was not holding a valid driving licence on the day when the accident occurred. Consequently the driver and the owner of the truck (the appellant) were held jointly and severally liable to pay the compensation. This appeal lias-been filed by Surjan Ram the owner of the truck.

(2.) IT is, inter alia, contended by the learned counsel for the appellant-that the finding of the tribunal that the truck driver did not have a valid driving licence is based on no evidence at all. In para 21 of the award, the Motor Accidents Claims Tribunal has observed as under :

(3.) AS a sequel to the aforesaid finding the insurance company would be liable to discharge the liability of the owner i. e. the insured. If the insured i. e. the appellant has already paid the amount of compensation or part thereof, would be entitled to claim the same from the insurance company and if any amount is still payable out of the compensation awarded the claimants shall realise the same from the insurance company. The appeal is allowed in the aforesaid terms. .