NATIONAL INSURANCE CO LTD Vs. AMAR CHAND

JUDGEMENT

(1.) This appeal under section 173 of the Motor Vehicles Act is directed against the award of the Motor Accidents Claims Tribunal (1), Sirmour District at Nahan (hereafter referred to as 'the Tribunal'), in M.A.C. Petition No. 07-N/2 of 1997, decided on 27.4.1998. The cross-objections filed by claimant are also being disposed of along with this appeal.

(2.) The facts necessary for the decision of the case are that an ambulance bearing registration No. HP-17 0871 was owned by Ranbaxy Laboratories, respondent No.

(3.) On 25.9.1996, the said van was being driven by Kishan Chand, respondent No. 2. There was an accident between this ambulance and one scooter, as a result of which claimant Amar Chand suffered injuries and both bones of his left leg were fractured. The claimant filed a claim petition, which was contested by the owner, driver and the insurance company. One of the defences raised by insurance company was that the driver Kishan Chand did not have a valid driving licence at the time of the accident and, therefore, the insurance company is not liable. 3. The only question which requires decision in this case is whether the driver held a valid driving licence at the time of the accident and whether the insurance company is liable to satisfy the award?