NEW INDIA ASSURANCE CO LTD Vs. ROSHAN LAL

JUDGEMENT

(1.) SUBJECT matter of this appeal is judgment and award, dated 25.02.2008, made by the Motor Accident Claims Tribunal, Kullu, H.P. (for short "the Tribunal") in Claim Petition No. 11 of 2007, titled as Roshan Lal versus Vishal Ranchan and others, whereby compensation to the tune of Rs. 89,000/ - with interest @ 7% per annum from the date of the petition till its realization came to be awarded in favour of the claimant -injured (for short "the impugned award").

(2.) THE claimant -injured, the owner -insured and the driver of the offending vehicle have not questioned the impugned award on any count, thus, has attained finality so far it relates to them.

(3.) MR . Ratish Sharma, learned counsel for the appellant, stated at the Bar that he has confined his attack to the impugned award only on the ground that the driver, namely Shri Uttam Singh, was driving offending vehicle, i.e. Tata Mobile No. HP -34 B -0436, which was a goods carriage and he was having a driving licence to drive a light motor vehicle and not goods carriage, thus, was not holding a valid and effective driving licence.