SHYAM LAL Vs. HARU RAM

JUDGEMENT

(1.) This is owner's appeal against the award dated 1.7.2002, passed by the Motor Accidents Claims Tribunal, Kullu, in Claim Petition No. 49 of 2001. Learned Tribunal below while recording findings on issue No. (iv) held that driver of the vehicle was not holding a valid driving licence to have driven a mini truck, a transport vehicle, therefore, the insurance company was exonerated and appellant as well as the driver of the vehicle were held liable jointly and severally to pay compensation to the tune of Rs. 49,495, with interest at the rate of 9 per cent per annum from the date of petition, i.e., 29.3.2001 till payment. After having exonerated the insurance company, claim petition against it was dismissed.

(2.) Dr. Lalit Sharma, in support of this appeal submitted that accepting everything to be there against his client for the sake of argument, but without admitting, still the impugned award cannot be sustained against the appellant, as according to him, vehicle being insured with the insurance company was not in dispute. The same having met with accident on 3.11.1999 at about 2/2.30 p.m. was also not in dispute.

(3.) There is evidence to suggest that Haru Ram, respondent No. 1, as a result of the accident in question on 3.11.1999, was admitted in Civil Hospital, Sainj and then he was shifted to Civil Hospital, Kullu on 5.11.1999 where he remained as indoor patient till 18.11.1999. Injuries sustained by him were on his leg, hips and chest. Beside this, his left leg had compound fracture. As a result of these injuries, the respondent No. 1 was not in a position to walk properly. His permanent disability was certified by the Medical Board to the extent of 48 per cent. He claimed income of Rs. 8,000 per month and accident being outcome of rash and negligent driving on the part of Hukum Chand, driver.