NANAK CHAND Vs. INDRA DEVI

JUDGEMENT

(1.) The present civil misc. appeals under Sec. 173 of the M.V. Act have been filed by the appellants against the judgment and award dtd. 29/6/2022 passed by the Motor Accident Claims Tribunal (Labour Court), Sri Ganganagar in Motor Accident Claim Case No. 58/2017, whereby the learned Tribunal while holding the appellants jointly and severally liable to pay, passed an award for, an amount of Rs.8,91,664.00 with an interest @ 7% p.a. with effect from 4/6/2015 till the date of realization of amount, in favour of the claimants.

(2.) The present appeals have been preferred against the findings recorded in issue Nos.2, 3 and 4 as arrived at, by the learned Tribunal wherein it was held that the driver of the offending vehicle, at the time of accident was holding only a learner's licence. It was further held that the driver of the vehicle had breached the conditions of learner's licence issued in his favour and, therefore, the insurer i.e. respondent No.6 cannot be held liable to satisfy the liability of paying compensation to the claimants.

(3.) Learned counsel for the appellants submitted that the appellants are the owner and the driver of the offending vehicle respectively. It was contended that the impugned judgment and award dtd. 29/6/2022 has been passed without considering the facts and law applicable in the present case in their true perspective. To substantiate the above contention, it was submitted that admittedly, the driver of the offending vehicle at the time of alleged incident was holding a learner's licence and therefore it cannot be said that the insurer i.e. respondent No.6 is not liable to satisfy the liability. The insurer ought not to have been absolved from its liability merely for some technical breach of conditions of driving licence, if any.