NATIONAL INSURANCE CO LTD Vs. NASIB CHAND

JUDGEMENT

(1.) This, civil first miscellaneous appeal is directed against the interim award dated 19.2.2008 passed by the Motor Accidents Claims Tribunal, Jauunu, under section 140 of the Motor Vehicles Act, 1988 in favour of the claimant-respondent No. 1 (hereinafter 'the impugned award').

(2.) The impugned award is challenged mainly on the ground that the driver of the offending vehicle was not having valid driving licence at the time of accident, thus the appellant insurer cannot be sad-dled with the liability in terms of the man-date of section 149 of the Motor Vehicles Act 1988 (for short, hereinafter 'the Act').

(3.) The crux of the matter is whether the defence projected and taken by the appel-land insurer in terms of section 149 of the Act can be pressed into service at the time of determination of application under sec-tion 140 of the Act for grant of interim award on no fault liability. The answer is negative for the following reasons.