UNITED INDIA INSURANCE COMPANY LTD Vs. MADHVENDER KUTHLEHARIA

JUDGEMENT

(1.) INSURER has questioned the judgment and award dated 29.11.2008, made by the Motor Accident Claims Tribunal -cum - Presiding Officer, Fast Track Court, Mandi, H.P., in Claim Petition. Nos. 126/02, 243/2005 titled Madhvender Kuthleharia versus Kusum Lata Sood and others, whereby compensation to the tune of Rs.5,37,000/ - with 7.5% interest was awarded in favour of the claimant and insurer/appellant herein came to be saddled with the liability, hereinafter referred to as "the impugned award", for short, on the grounds taken in the memo of appeal.

(2.) CLAIMANT /injured, owner Kusum Lata Sood and driver Amarnath have not questioned the impugned award on any ground, thus, it has attained finality so far it relates to them.

(3.) THE insurer -United India Insurance Company has questioned the impugned award on the ground that the driver was not having a valid and effective driving licence at the time of accident. Thus, the only question to be determined in this appeal is whether the owner has committed any willful breach?