SURJIT KHAN Vs. UNITED INDIA INSURANCE CO. LTD.

JUDGEMENT

(1.) The present appeal has been filed by the owner of the vehicle Surjit Khan against the award of the Tribunal dated 04.09.2006 whereby finding on issue No. 4 has been returned against the owner that driver was not having effective driving licence to drive HTV at the time of accident and in this backdrop after paying the compensation by the insurance company, recovery rights have been given to the insurance company to recover the amount from the owner, the present appellant and the driver.

(2.) The facts not in dispute between the parties are that on 03.03.2001 Pappu Ram was going on a cycle from Faggan. He was behind the tractor trolley. When he reached near bus stop of village Hardashpur from Faggan Majra to Patiala, a bus bearing No. PB-13H-3786 being driven by respondent No. 1 rashly and negligently was going to hit the tractor trolley, however the accident was avoided due to activeness of driver of tractor trolley and then the bus hit into the bicycle of Pappu Ram by going extreme wrong side of the road. As a result of this accident, Pappu Ram suffered multiple grievous injuries and died on the spot. The driver of the bus namely Mehtab Singh left the bus at the spot and ran away. After the accident FIR No. 199 dated 03.03.2001 was registered at Police Station Sadar Patiala under Sections 279/304A IPC against the driver of the bus Ex.P4. The challan was submitted by the police in Court against the driver on negligent driving. The bus was taken into police possession from the accident and photographs Ex.P26 to P31 were sufficient to return a finding that accident took place by rash and negligent driving of respondent No.1. Thereafter the tribunal proceeded to calculate the compensation as under:-

(3.) The question for consideration is whether the original licence was fake and it was subsequently renewed as admitted by Balraj Kaur, Clerk DTO Office, as RW2 the owner be held liable to make payment of compensation?