DARA SINGH Vs. SMT. PARVATI DEVI

JUDGEMENT

(1.) With consent of the learned counsel for the parties, the matters are being heard and disposed of finally.

(2.) The present appeals are preferred against the judgment and award dated 3.4.2002 passed by the Motor Accident Claims Tribunal, Banswara, whereby the learned Tribunal found the owner of the vehicle involved in the accident as liable to pay the compensation, however, the Insurance Company was given liberty to first compensate the claimants and then recover the same from the owner of the vehicle.

(3.) Brief facts of the case are that the claim petitions were preferred on account of accident which occurred on 9.3.1995. The present two appeals i.e. CMA No.380/2002 and 379/2002 have been preferred by the owner of the vehicle whereas the appeal No.494/1995 has been preferred by one Sanjeev Kumar who sustained injuries in the accident occurred on 9.3.1995.Mr. Mridul Jain, learned counsel for the appellant-owner has vehemently submitted that the driver of the vehicle Ajay Singh was holding a valid licence issued by the competent authorities of the transport department but the validity of the same got lapsed before the date of accident. Learned counsel further submits that driver of the vehicle was fully eligible to drive the vehicle, however, not getting the licence renewed in time is only a technical ground and therefore, the liability cannot be fastened on the owner of the vehicle involved in the accident.