NARESH KUMAR Vs. RAM DASS

JUDGEMENT

(1.) In the present appeal, under Section 173 of the Motor Vehicles Act, award dated 4th September, 2004 of Motor Accident Claims Tribunal, has been assailed by the owner of the vehicle to the extent it holds the owner of the vehicle liable to pay compensation, together with interest, and absolves the Insurance Company, on the ground that the driver of the vehicle did not possess a valid and effective driving licence.

(2.) Appellant Naresh Kumar owned a bus. He had insured it with United Insurance Company, Respondent No. 6 herein, for third party risk, including the risk of passengers, travelling by the bus. Accident of the bus took place on 9th June/2001, in which one of the passengers, namely Garib Dass died. An application was moved by his dependents for award of compensation. Insurance Company was impleaded as Respondent alongwith the Appellant. Insurance Company denied its liability to pay the compensation, pleading that the person, who was driving the bus at the relevant time, did not possess a valid and effective driving licence.

(3.) During the course of inquiry, Insurance Company succeeded in proving that the licence was fake, inasmuch as it had never been issued by the Licencing Authority, Raipur (Madhya Pradesh) by whom it purported to have been issued, though it had been renewed by the Licencing Authority, Amb, District Una, Himachal Pradesh, and the endorsement of renewal was genuine. With this finding, the Tribunal held that Insurance Company was not liable to pay the amount of compensation, assessed by it and directed the present Appellant, in his capacity as the owner of the vehicle, to pay the compensation money of Rs. 75,000/-, together with the interest.