RANJIT SINGH Vs. DHEERAJ SINGH GUSAIN AND ORS.

JUDGEMENT

(1.) The present appeal has been preferred by the driver and owner- appellant (for short 'the appellant') against the award dated 13.05.2013 passed by the learned Motor Accident Claims Tribunal, Bhiwani (for short, 'the Tribunal') granting the recovery rights to the Insurance Company against the present appellant.

(2.) On 03.05.2011 at about 1 a.m, Sukar Singh (since deceased) started from Hotel Western Court, Sector 10, Panchkula for his house in village Kishangarh, Chandigarh. He was going on his cycle on the correct side along with his brother in law Mahavir Singh. When the deceased tried to cross the road on a green light near Dhillon light point, Manimajra, appellant/respondent No. 1 came from Chandigarh side Bolero Jeep No. HR-49-F-0317 in a rash and negligent manner and hit against the deceased. The deceased fell on the road and was died during his way to hospital in PCR gypsy. F.I.R No. 125 dated 03.05.2011 was registered against respondent No. 1.

(3.) The Tribunal awarded the total compensation of Rs.7,54,000/- but the Insurance Company was given the recovery rights to recover the amount from the appellant/respondent No. 1 on the ground that the appellant at the time of accident was possessing the driving license of HTV, whereas he was driving a totally different class of vehicle i.e LMV, which is in contravention of Section 10 (2) of the Motor Vehicle Act .