HARDEV SINGH Vs. VIJAY KUMAR

JUDGEMENT

(1.) This is an appeal filed by the appellant under Section 173 of the Motor Vehicles Act (hereinafter referred to as 'the Act') against the award passed by the learned Motor Accident Claims Tribunal, Kangra at Dharamshala, dated 1.10.2004, whereby the claim petition filed by the petitioner was allowed and the insurer/respondent No. 4 was directed to pay the compensation but the said respondent was held entitled to recover the amount from the owner of the vehicle i.e. the present appellant.

(2.) Briefly stated the facts of the case are that the petitioner filed a claim petition under Section 166 of the Act alleging therein that he alongwith other persons hired a Van bearing No. HP-01-3409 for Rs. 90/- for going to the house of his relatives. When the said Van reached at Purana Mataur at about 7.30 p.m., the driver of the said Van could not control it and hit the same with a small bridge, while driving the same rashly or negligently. The matter was reported to the police. The petitioner suffered fracture and other injuries and remained admitted in the Hospital and it was alleged that he has become paralytic due to the injury and as such he had claimed compensation to the extent of Rs. 5.00 lacs having suffered permanent disability.

(3.) Respondent No. 1/appellant, the owner of the vehicle, pleaded that the vehicle was not being driven by Prem Singh, respondent No. 2, but it was being driven by respondent No. 3 Desh Raj. The allegations in regard to the accident or suffering of injuries and the income of the deceased were also denied by the said respondent. The Insurance Company i.e. respondent No. 4 pleaded that the vehicle was being driven by Prem Singh, who was not holding a valid and effective driving license and as such the Insurance Company was not liable.