UNITED INDIA INSURANCE CO LTD Vs. PARAMI DEVI

JUDGEMENT

(1.) This appeal under section 173 of Motor Vehicles Act, 1988 is directed by the non-claimant appellant, United India Insurance Co. Ltd., against the award dated 26/2/2003 of the learned Motor Accidents Claims Tribunal, Sikar, in Claim Case No. 390 of 1999. Under the impugned award learned Tribunal awarded a sum of Rs. 2,05,000 as compensation in favour of the claimant-respondent Nos. 1 to 6 for the death of Sohan Lal in the motor vehicle accident which took place on 22/9/1999.

(2.) The only contention raised by the learned counsel for non-claimant appellant is that the non-claimant respondent No. 7, Ram Lal, the driver of the offending motor cycle bearing No. MH 02-D 7575, was not holding a valid driving licence to drive the same and thus the non-claimant appellant company is not liable to reimburse amount of compensation awarded in favour of the claimant-respondent Nos. 1 to 6. It is submitted that the driving licence Exh. 13 was only to drive the light motor vehicle and not two-wheelers.

(3.) Mr. Anoop Dhand, learned counsel for the owner of the offending motor cycle, contended that the owner thereof was not liable nor responsible for the payment of compensation, the non-claimant appellant company is solely liable to make the payment and it cannot be given liberty to recover this amount from the non-claimant respondent No. 8, the owner of the offending motor cycle; he made reference to the written statement filed by the owner of the offending motor cycle as well as the statement recorded in the claim case.