NATIONAL INSURANCE CO. LTD. Vs. BUDH RAM

JUDGEMENT

(1.) This appeal by the Insurance Company is directed against the award of the Motor Accident Claims Tribunal, Kullu, dated 28.6.2005, whereby compensation of Rs. 1,00,000/- has been awarded in favour of Shri Budh Ram. The undisputed facts of the case are that Shri Budh Ram filed a claim petition claiming compensation in respect of the death of his aunt (massi) Prabhi Devi in motor vehicle accident involving the truck owned by Kaushalaya Devi, driven by Pawan Kumar and insured with the appellant-Insurance Company.

(2.) Two points have been raised in the appeal. First is that the driving license of the driver was not valid and the second question raised is that since the claimant was not dependent upon the deceased, he could not claim any compensation.

(3.) As far as first question is concerned, respondents were permitted to lead additional evidence in this Court and CW-1, Dharam Pal, Clerk in the office of Registering and Licensing Authority, Bilaspur, was examined. His statement shows that the driving license was issued in favour of Shri Pawan Kumar, s/o Shri Bhuran Ram on 30.10.1996. It was originally issued for LMV (Transport) and endorsement for driving Heavy Transport Vehicle (HTV) was made w.e.f. 25.05.1998. Therefore, on the date of accident, i.e. on 30.11.2003, Pawan Kumar was having a valid driving license to drive a heavy transport vehicle. Therefore, this contention of the appellant is rejected.