PEARL STRIPS PVT. LTD. Vs. ANITA AND ORS.

JUDGEMENT

(1.) The award dtd. 11/3/2016 passed by the Motor Accident Claims Tribunal, Kurukshetra (for short "Tribunal") has been assailed by the owner of car bearing registration No. CH01-AH-4400 (hereinafter referred to as the "offending vehicle"). The grievance is against the recovery rights granted to the insurer of the offending vehicle.

(2.) The facts of the case are not in dispute. A motor vehicular accident took place on 1/1/2015 which proved fatal for Hari Ram.

(3.) In the claim petition filed by legal heirs of Hari Ram, the Tribunal held that the accident was caused due to rash and negligent driving of the offending vehicle. The Tribunal awarded a sum of Rs.11,57,884.00 along with interest @ 9% per annum. The Tribunal held insurer of the offending vehicle liable to pay compensation but was granted recovery rights to recover the compensation from the owner and driver of the offending vehicle. There is no dispute to the fact that Ex.R1 i.e. driving licence was produced before the Tribunal and the same was found valid upto 20/9/2015. The driving licence authorized the driver to drive TRV Regid Chasi only. The insurer neither produced any record nor any witness to prove that the said licence was not valid. The Tribunal proceeded on presumption that as the licence authorized to drive a transport vehicle, the same was not valid for driving Light Motor Vehicle.