NEW INDIA ASSURANCE CO LTD Vs. WALAITI RAM

JUDGEMENT

(1.) This appeal under section 173 of Motor Vehicles Act (hereinafter referred to as 'the Act') is directed against the award of the learned Motor Accidents Claims Tribunal, Hamirpur (for short 'the Tribunal') in M.A.C. Case No.65 of 1998 whereby he has awarded compensation of Rs. 1,20,000 to the claimants who are the parents of deceased Suresh Kumar.

(2.) Admittedly, Suresh Kumar was the cleaner of truck No. HP-51 1558 and was aged about 23 years at the time of accident. The defence taken by the insurance company was that the driver did not have a valid driving licence. The learned Claims Tribunal has negatived this contention of the insurance company. The present appeal has been filed by the insurance company.

(3.) Mr. K.D. Sood, the learned counsel appearing on behalf of insurance company contends that the endorsement in driving licence permitting the driver, Shyam Lal to drive a heavy goods vehicle is apparently illegal and against law. He further submits that the said endorsement in any event could not have been made prior to 16.4.1998 when the necessary fees was paid and the Registering and Licensing Authority (for short 'R&LA') has illegally ante-dated the driving licence for extraneous consideration. He further submits that since on the date of the accident, i.e., 13.4.1998 there was no licence in favour of the driver permitting him to drive a heavy vehicle, the negligence of the owner, Ram Chand, is writ large.