SEWAK SINGH Vs. D M NATIONAL INSURANCE CO

JUDGEMENT

(1.) This appeal has been preferred by the appellant-owner of the vehicle bearing Registration No. ASOIL 2538, which had admittedly caused accident as a result of which one Roshan Kumar Mishra died on 7-12-2001. After his death, the claim petition was filed before the Motor Accident Claims Tribunal, Jamshedpur by the parents of the deceased. The Tribunal while entertaining the claim petition had issued notice to the Insurance Company so also the appellant-owner of the vehicle but it appears that the appellant-owner of the vehicle in spite of service of notice, did not choose to appear before the Tribunal and consequently the matter was adjudicated by the tribunal after hearing the Insurance Company and the absence of the owner of the vehicle was ignored as he had chosen not to appear in spite of service of notice. The tribunal after final adjudication was pleased to pass an award for a sum of Rs. 1,66,000/- along with interest in favour of the claimants-respondents.

(2.) This appeal has been filed by the owner of the vehicle by which he has not challenged the quantum of compensation but he has challenged the finding recorded by the Tribunal to the effect that the driving license owned by the driver of the vehicle, which caused accident, was a fake license.

(3.) The Tribunal had recorded a finding that the driving license owned by the driver of the offending vehicle was forged and fabricated and the amount of compensation was payable by the appellant-owner. In view of the settled proposition of law the appellant- Insurance Company paid the amount of compensation to the claimant but thereafter started an execution proceeding against the owner-appellant of the vehicle in order to realize the amount of compensation in view of the finding recorded by the tribunal to the effect that the driver of the vehicle, which was owned by the appellant, was driving the vehicle by holding a forged and fabricated license.