ORIENTAL INSURANCE COMPANY Vs. LATA DEVI

JUDGEMENT

(1.) This appeal has been preferred by the Insurance Company against the award made by the learned Motor Accident Claims Tribunal- (1), Sirmaur District at Nahan, awarding a sum of Rs. 4,24,000/- as compensation alongwith interest to the claimants therein. The Appellant-Insurance Company has been held liable to pay this amount alongwith Shri Jogi Ram and Deep Ram, owner and driver of the offending vehicle.

(2.) The brief facts are that late Bhupender, who died in the accident which occurred on 28.4.2004, was working as a conductor on Tempo bearing Registration No. HP-18-3624 which belonged to Respondent No. 7 Jogi Ram and driven by Respondent No. 8 Deep Ram. This Tempo had been hired for transporting goods from Paonta Sahib to the liquor vend of Jogi Ram at Nahan. When this vehicle reached near village Bakhlawali Truck bearing Registration No. HR-58-8238, which was coming from the opposite direction, dashed into the Tempo and there was a head on collusion in which Bhupender Singh received fatal injuries. On the settled issues, the learned Motor Accident Claims Tribunal held that the owner and driver of the Tempo were responsible for the accident. On the issue which was crucial for apportionment of liability, that is to say, as to whether the driver of the Tempo Deep Ram was possessed of a valid driving licence, the Court holds that though the validity of the licence had expired, but the breach was not so fundamental which exonerated the Insurance Company from its liability. This finding has been challenged by the learned Counsel appearing for the Appellant who submits that on the date when the accident took place, the driver of the offending Tempo was not possessed of a valid driving licence.

(3.) Ex.RW-4/A, copy of the Register of driving licences maintained by Registering Authority, Rajgarh, proves that licence to Deep Ram, Respondent No. 8-driver, was issued on 3.1.1998. RW-3, Shri Satinder Singh, Junior Assistant in the Office of Registration and Licensing Authority, Nahan, states that vehicle No. HP-18-3624 is registered in the name of Respondent Jogi Ram. Driving licence No. 78-SDM/R/97 issued to Deep Ram by the Registering and Licencing Authority, Rajgarh on 3.1.1998 was valid up to 1.2.2004 and on 30th April, 2004 as evidenced by RW-3/A. He has proved on record the entry in the Register as Ex.RW-3/A, which proves that renewal fee of Rs. 30/- has been deposited on 18.3.2004. The endorsement on RW-3/A reads: