HARISH Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) THIS revision petition is preferred against order dated 24. 11. 2006 passed by the Motor Accidents Claims Tribunal, Faridabad whereby an application for setting aside the award dated 27. 1. 2004 has been dismissed.

(2.) THE pro forma respondent Nos. 2 to 4 filed a claim petition under section 166 of the Motor Vehicles Act (in short 'the act') claiming compensation to the tune of rs. 5,00,000 on account of death of Akhi-lesh in a motor vehicular accident allegedly occurred due to rash and negligent driving of truck bearing No. HR 38-C 7452 driven by Banwari Lal, the petitioner No. 2 and owned by Harish, petitioner No. 1. The tribunal vide an award dated 27. 1. 2004 awarded a sum of Rs. 3,06,400 along with interest at the rate of 9 per cent per annum as compensation to the claimants.

(3.) IT appears that a written statement was filed on behalf of the present petitioners who were arrayed as respondent nos. 1 and 2 in the claim petition. The alleged driving licence of petitioner No. 2 was also placed on record. On the basis of the evidence on record which included the report of the Local Commissioner, the tribunal arrived at the conclusion that the driving licence of the petitioner No. 2 was allegedly forged and accordingly it absolved the insurance company of its liability. The Tribunal, however, held the insurance company liable to pay the compensation though with liberty to recover the same from the owner and driver of the delinquent vehicle.