NATIONAL INSURANCE CO LTD Vs. SAPNA DEVI

JUDGEMENT

(1.) THE only issue raised in the present appeal, assailing award dated 29.8.2012, passed by Motor Accident Claims Tribunal (I), Kangra at Dharamshala (H.P.), in M.A.C.P. No. 7 -J/II -2006, titled as Sapna Devi versus 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 (130) AIC 119 (SC) : (2013) 10 SCC 217 wherein it is held that: -