UNITED INDIA INSURANCE COMPANY LIMITED Vs. GEETA

JUDGEMENT

(1.) THIS appeal, preferred by the appellant-Insurance Company, is directed against the award dated 04.12.2008, passed by Motor Accident Claims Tribunal, Sonepat, whereby compensation to the tune of Rs.3,94,000/- alongwith interest @ 7.5% per annum was awarded in favour of claimants-respondents No.1 to 5 and against the appellant and respondents No.6 & 7 jointly and severally.

(2.) THE only ground set up by the appellant-Insurance Company to challenge the award is that the insurance company could not be fastened with the liability as the driver-respondent No.6 was not holding a valid driving licence to drive the offending vehicle i.e. TATA 407, which could be termed as heavy transport vehicle, at the time of accident.

(3.) LEARNED counsel for the appellant has cited the judgment delivered in case New India Assurance Company Limited v. Prabhu Lal, 2008(1) R.C.R.(Civil) 198 : 2008 ACJ 627 wherein it was observed that in the light of the fact that respondent No.1 was holding a valid driving licence for driving the heavy transport vehicle, therefore, he could not drive the offending vehicle but the said judgment is not applicable to the facts of the present case. No merits. Dismissed. .