NATIONAL INSURANCE COMPANY LIMITED Vs. MAST RAM

JUDGEMENT

(1.) This appeal at the instance of insurance company is directed against the award dated 24.4.2003, passed by Motor Accidents Claims Tribunal (II), Solan. By means of the impugned award, learned Tribunal in M.A.C. Petition No. 13-S/2 of 1997, has awarded a sum of Rs. 1,20,000 in favour of respondent No. 1, claimant. This amount has been ordered to be deposited within 30 days, failing which appellant insurance company has been held liable to pay it with interest at the rate of 9 per cent per annum till realisation. While ordering payment of this amount by the appellant, right has been reserved to recover it from insurer, since driving licence of the driver relied upon by owner and driver was found to be fake.

(2.) At the time of hearing of this appeal, Mr. Ashwani Kumar Sharma, the learned counsel appearing for the appellant after placing reliance on sections 3, 9 and 10 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act), as well as rule 10 (5) of the H.P. Motor Vehicles Rules, 1999, submitted that the learned Tribunal below has fallen into error by holding appellant liable for payment of the award amount. According to him driver Sher Singh could not have held more than one licence and on record there are two licences. One purported to have been issued by the authority from Hyderabad, has been proved to be fake; whereas the other issued by the Registering and. Licensing Authority, Suni Sub-Division, has been proved to be legal and valid driving licence. According to him, in the face of this position, appeal deserves to be allowed and the impugned award set aside.

(3.) Mr. Sharma also raised a plea based on the quantum of compensation. Record of the Tribunal shows that the permission under section 170 of the Act was granted to the appellant to contest the claim of respondent No. 1. As such, he was heard on this aspect of the case as well.