ORIENTAL INSURANCE CO. LTD. Vs. RAMESH

JUDGEMENT

(1.) This appeal arises out of the award and judgment dtd. 17/7/2010 passed by the Motor Accidents Claims Tribunal, Jammu (hereinafter to be referred as the Tribunal) in file No. 553/Claim, titled, "Ramesh and another vs Jagdish Singh and others" by virtue of which a compensation of Rs.4,77,000.00 along with interest at the rate of 7.5% per annum from the date of filing of the claim petition till its realization has been granted to the claimants/respondent Nos. 1 and 2.

(2.) The only ground on the basis of which the present appeal has been filed is that the driver of the offending vehicle respondent No. 4 herein was not having a valid license as upon verification of the renewal of the driving license No. 274/R/201 dtd. 11/1/2001 from the Licensing Authority Jammu, it was found that the renewal No. 3836/J with effect from 18/6/2005 to 17/6/2008 stands renewed in the name of some other persons having driving license No. 44613/J.

(3.) The facts necessary for disposal of the present appeal are that the respondent Nos. 1 and 2 filed the claim petition for grant of compensation on account of death of their son, who died in a road traffic accident on 3/12/2007 that was caused due to rash and negligent driving of the driver of the offending vehicle bearing registration No. JK02 2977.