SAHUN Vs. RELIANCE GENERAL INSURANCE CO. LTD

JUDGEMENT

(1.) The award dated 23.08.2013 passed by the Motor Accident Claims Tribunal, Faridabad (for brevity 'the Tribunal') has been assailed by the owner of three-wheeler bearing registration No. HR-38-K-9298 (hereinafter referred to as 'offending vehicle'), being aggrieved of the recovery rights granted to the insurer of the offending vehicle. The appeal is accompanied by an application under Section 5 of the Limitation Act, 1963 for condoning the delay of 1530 days in filing the appeal.

(2.) The facts of the case are summarised that a motor vehicular accident took place on 10.08.2010, the accident proved fatal for Mukesh. FIR No. 275, dated 12.08.2010 was registered at Police Station Hathin. The accident was result of rash and negligent driving of the offending vehicle. The Tribunal awarded compensation of Rs.16,00,000/- alongwith interest @ 7.5% per annum.

(3.) The Tribunal came to the conclusion that the driver of the offending vehicle was not holding a valid and effective driving licence on the date of accident. The insurer of the offending vehicle was held liable to pay compensation but was granted rights to recover the awarded amount from the driver and owner of the offending vehicle.