NATIONAL INSURANCE COMPANY LTD Vs. RITA DEVI

JUDGEMENT

(1.) The only issue raised in the present appeal, assailing award dated 29th August, 2012, passed by Motor Accident Claims Tribunal (I), Kangra at Dharamshala (H.P.)., in M.A.C.P. No. 8-J/II-2006, titled as Reeta Devi v. M/s. Sharma Bus Service Pvt. Ltd. and Others, is about the validity of driving licence of driver Suresh Kumar. After appreciating the material so placed on record by the parties, and more so statement of the owner, Tribunal decided issue No. 3 in the following terms:

(2.) To assail such findings. Dr. Lalit, learned Counsel for the appellant refers to and relies upon the decision rendered by the Apex Court in National Insurance Co. Ltd. v. Geeta Bhat and Others, 2008 ACJ 1498. The ratio of law laid down therein, is inapplicable to the instant facts. In fact, the matter is squarely covered by the recent decision rendered by the Apex Court in Pepsu Road Transport Corporation v. National Insurance Company, 2013 10 SCC 217, wherein it is held that:

(3.) The accident took place on 1st August, 2005. Driver Suresh Kumar was driving bus No. HP-22-5985, Owner, through special power of attorney, i.e. son clarified that prior to engagement of the driver, authenticity/validity of the driving licence was got verified from the competent authority. There is no cross-examination to this effect. Competence and capacity of the driver is not in dispute.