NEW INDIA ASSURANCE CO. Vs. BIMLA DEVI

JUDGEMENT

(1.) The present appeal under Section 173 of the Motor Vehicle Act is directed against the award dated 1.7.2003 of learned Motor Accident Claims Tribunal, Dharamsala, whereby compensation for the death of one Sudarshan Singh, has been awarded and the appellant, with whom the offending vehicle, i.e. a truck, was insured, has been ordered to pay compensation money.

(2.) Award has been challenged on the following grounds:

(3.) It is conceded by learned Counsel representing the appellant that application under Section 170 of the Motor Vehicles Act, moved by the appellant, had been rejected and, therefore, none of the aforesaid grounds is available to the appellant. However, it is stated that there is an application for raising additional grounds, i.e. CMP 826 of 2009. It is stated that appellant had taken a specific plea before the Tribunal that the driver of the truck did not possess a valid and effective driving licence, at the time when the accident took place, and that an application had also been moved before the Tribunal under Order 11 Rule 14 CPC, directing the insured and the driver, both of whom had been made party to the petition, to produce the driving licence and certain other papers and that no order was passed by the Tribunal on that application.