LAWS(RAJ)-2019-3-28

HARBHAN SINGH Vs. NATIONAL INSURANCE CO LTD

Decided On March 25, 2019
Harbhan Singh Appellant
V/S
NATIONAL INSURANCE CO LTD Respondents

JUDGEMENT

(1.) Appellant has filed this appeal challenging the award dated 07.03.2017 passed by the Motor Vehicles Accident Tribunal, whereby, claim petition filed by the respondents No.2 and 3 was allowed.

(2.) Learned counsel for the appellants has submitted that the driver of the vehicle was having a valid driving license to drive light motor vehicle. Hence, the driver of offending vehicle was authorized to drive motorcycle. Claimants had filed claim petition seeking compensation on account of death of Brijesh in the motor vehicle accident, which had occurred on 24.11.2014. Vide award dated 17.04.2006, claim petition filed by the claimants was allowed.

(3.) Appellant filed S. B. Civil Miscellaneous Appeal No.2959/2006 in this Court and the appeal was partly allowed and the finding of the Tribunal, whereby, Insurance Company was exonerated from its liability to indemnify the insurer was set-aside and the Tribunal was directed to decide the said question afresh.