HANUMAN Vs. SAROJ DEVI

JUDGEMENT

(1.) THIS appeal is directed against the award dated 7.2.2008 passed by the Motor Accident Claims Tribunal, Fatehabad (herein referred as 'the Tribunal') accepting the claim petition and awarding compensation to the tune of Rs. 3,26,872/- along with interest @ 9% per annum in favour of the claimants Nos. 1 to 4 and 6 (now respondents Nos. 1 to 4 and 6) and against the appellants. However, the Insurance Company was exonerated, as such, the appellants (owner and driver) have come up in appeal.

(2.) THE main argument advanced by appellants is that the appellant Pahlad Singh @ Janak was holding a valid driving licence. Merely the licence was renewed late, the same cannot be termed as fake and invalid. In this regard, learned counsel for the appellants has placed reliance on the judgment delivered in case National Insurance Co. Ltd. v. Sushil Kumar and others, 2006(3) R.C.R.(Civil) 642 : 2007 ACJ 2230 wherein it was observed that even on finding that the licence was fake or invalid or not renewed, the insurance company cannot be allowed to avoid its liability towards the insured unless the breach is so fundamental which has contributed to the cause of accident.

(3.) HAVING heard the rival contentions, the prime question to be determined in this case is whether the appellant No. 2 was holding a valid driving licence at the time of accident. Hardip Singh (RW1) an official from the Licensing Authority deposed that the driving licence bearing No. 115979 was issued on 30.5.2000 in the name of Pahlad son of Bhup Singh resident of Shepura, District Sirsa, which was valid w.e.f. 30.5.2000 to 29.5.2005, after which it was renewed on 7.2.2006 to 6.2.2011. The authorities had also issued duplicate licence on 7.2.2006. He has proved the photo copy of the driving licence and photo copy of the original register on the record. Since the accident in this case occurred on 5.2.2006, at that time the validity period of the driving licence stood already expired and it could not be renewed up to 7.2.2006. In such situation, the said driving licence could not be taken as valid and inference could be drawn that the petitioner was not holding a valid driving licence at the time of accident. Reliance has been placed on the judgment delivered in case Ishwar Chandra and others v. Oriental Insurance Company Limited and others, 2007(2) R.C.R.(Civil) 370 : 2007(2) R.A.J. 357 : 2007 (2) Accident and Compensation Cases 63 and Malla Prakasarao v. Malls Janaki and others, 2006 (1) Accident and Compensation Cases 300 (SC).