KULDIP SHARMA Vs. SANDEEP BATRA

JUDGEMENT

(1.) THE owner of the vehicle, Shri Kuldip Sharma has filed the present appeal assailing the impugned Award dated 7.11.2007 passed by the Motor Accidents Claims Tribunal -I, Sirmaur District at Nahan, H.P., in MAC Petition No. 116 -MAC/2 of 2005 titled as Sandeep Batra v. Kuldip Sharma and others, whereby a sum of Rs. 55,700/ - along with interest @ 7.5% per annum has been awarded as compensation to the claimant. The liability to pay the compensation has been fastened upon the owner as it was found that the driving licence of Shri Narotam Singh who was driving the vehicle in question had not been renewed at the time of the accident and, therefore, the insurer Oriental Insurance Co. Ltd., was not liable to have indemnified the owner.

(2.) THE claimant Shri Sandeep Batra filed a Claim Petition under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as ˜the Act). On 29.9.2005, the claimant was driving his motor cycle No. HP -18A -0411 and was hit by vehicle No. HP -18B -0232 near the Leprosy Ward on Nahan -Shimla Road.

(3.) THE petition was opposed by the owner denying any negligence of the driver.