MOHAN KRISHNA CARGO MOVERS Vs. ICICI LOMBARD

JUDGEMENT

(1.) The award dtd. 29/1/2013 passed by Motor Accident Claims Tribunal, Chandigarh (for short the 'Tribunal') has been assailed by the owner and driver of truck bearing registration No. HR-46-0644 (hereinafter referred to as the 'offending vehicle') being aggrieved of the recovery rights granted to the insurer.

(2.) The facts in brief are that a motor vehicular accident took place on 25/9/2009. The accident proved fatal for Vikrant Rana aged 23 years. The accident took place due to rash and negligent driving of the offending vehicle. In the claim petition filed under Sec. 166 of the Motor Vehicles Act, 1988 (for short 'the Act'), the Tribunal awarded compensation of Rs.34,83,928.00 alongwith interest @8% per annum.

(3.) During the proceedings before the Tribunal the driving licence was produced as Ex.R4. The insurer of the offending vehicle i.e. ICICI Lombard took a stand that the driving licence produced is fake. The clerk of Licensing Authority, Mathura, Sh. Sunil Kumar Singh was examined through commission. Relying upon the record he deposed that driving licence produced was issued in the name of Jai Singh son of Nahar Singh. He further deposed that the licence was never issued to Ram Nath Singh son of Bhairav Singh i.e. the driver of the offending vehicle. The Tribunal relied upon the said evidence and granted the recovery rights to the insurer. Hence, the present appeal has been filed.