SUKHBIR SINGH Vs. NATIONAL INSURANACE CO LTD

JUDGEMENT

(1.) An award was passed on 27.2.2003 by learned Motor Accidents Claims Tribunal, Mandi in Claim Petition No. 36 of 1998 relating to and arising out of the death of Dr. N.C. Sharma in an accident involving his official jeep and a truck tipper No. PB 110-9313. The petitioner Sukhbir Singh in this petition was the respondent No. 1 in the aforesaid claim petition. Respondent No. 2 herein Ashok Kumar was respondent No. 2 in the claim petition. Respondent No. 1, National Insurance Co. Ltd. was respondent No. 3 in the claim petition. The petitioner and respondent No. 2 were the owner and the driver respectively of the truck tipper No. PB 110-9313.

(2.) In the written statement filed by National Insurance Co. Ltd., respondent No. 1 in answer to the claim petition, it was alleged and pleaded that the driver did not possess a valid and effective driving licence at the time of the accident. Based on the pleadings of the parties, following five issues were framed by the Tribunal for adjudication:

(3.) Findings on issue Nos. 1 and 2 having gone in favour of claimants, and with respect to issue No. 4, the Tribunal having determined the amount of compensation which the claimants were held entitled to receive, insofar as issue No. 3 is concerned, the Tribunal held that the two licences produced during the course of inquiry by the Tribunal, being licence Nos. 1169/96 and 5977, were fake. The Tribunal thus, insofar as issue No. 3 is concerned held as under: