BATTAN CHAND Vs. KIRPAL SINGH

JUDGEMENT

(1.) - Appellants-Battan Chand and his wife Smt. Mukhtiari, have filed this appeal, seeking enhanced compensation, against the award dated 9.9.1995 passed by the learned Motor Accident Claims Tribunal, Chandigarh (for short Tribunal) whereby a sum of Rs. 40,800/- alongwith interest @ 12% per annum from the date of filing of the claim petition till realization, was awarded to them as compensation on account of death of their unmarried son Dharam Pal (aged 25 years) in a motor vehicular accident that took place on 24.11.1990, involving Truck No. CHW-7548 (for short offending vehicle) driven by respondent No. 1 Kirpal Singh. owned by respondent No. 2 Inder Malik and insured by respondent No. 3-National Insurance Company. Respondents 1 and 2, despite various opportunities could not prove that on the date of accident respondent No. 1-driver was holding a valid driving license to drive the offending vehicle, hence both of them were jointly and severally held liable to pay the compensation.

(2.) IT is pertinent to mention here that previously appellantsclaimants filed FAO No. 302 of 1996 seeking enhancement of compensation. In the said appeal respondent No. 2-owner had filed CM No. 17194-CII of 2006, for placing on record additional evidence in regard to the driving license of respondent No. 1-driver. A learned single Judge of this Court vide orders dated 13.9.2006 allowed the said application and driving license of the driver was taken on record by way of additional evidence.

(3.) IN compliance with the aforesaid directions, the learned Tribunal vide order dated 16.1.2008 held that on the date of accident respondent No. 1- driver was holding a valid driving license and hence respondent No. 2 was entitled to recover the compensation amount from respondent No. 3-insurer.