Budh Prakash v. Sita Devi & Ors.

1. The present appeal is preferred against the impugned award dated 05.08.2010, whereby while awarding the compensation for an amount of Rs.1,80,000/- with interest @ 7.5% per annum, ld. Tribunal has granted recovery rights against the appellant and in favour of respondent no. 3 / Insurance company.

2. Ld. Counsel appearing on behalf of the appellant submits that he was proceeded ex-parte before the Ld. Tribunal. Therefore, he could not file the written statement and put his defence to the effect that on the date of accident, driver of the offending vehicle was holding valid and effective driving licence.

3. It is pertinent to mention here that the appellant has placed on record the driving licence of the driver of the offending vehicle. 2014:DHC:1399

4. Vide order dated 24.09.2012, this court directed respondent no. 3 to verify the validity of the licence from the concerned Transport Authority. Investigator of respondent no. 3 has filed the report dated 13.12.2012, whereby it is stated that the driving licence no. 3168/2005 has been confirmed from the Transport Authority, Farrukhabad and the said licence is valid w.e.f 13.09.2005 and was valid for plying the transport vehicle w.e.f 12.06.2007 to 11.06.2010. The accident had taken place on 20.06.2009. Thus the licence in question was valid and effective on the date of the accident.

5. Similar issue came up before this court in the case of Manjit Singh v. Oriental Insurance Company Ltd. and ors. 2012 1 AD, Delhi 610 and on finding the driving licence being valid and effective, the impugned award was set aside to the extent recovery rights granted in favour of the Insurance Company.

6. The present case is squarely covered by the aforesaid judgment. Therefore, the award dated 05.08.2010 is set aside qua the recovery rights against the appellant.

7. Since the compensation amount has already been deposited by respondent / Insurance Company and has been disbursed in favour of the claimants, therefore statutory amount be released in favour of the appellant.

8. At this stage, Ld. Counsel appearing on behalf of the appellant submits that Rs.40,000/- was deposited before the Ld. Tribunal during the pendency of the execution proceedings against him. The concerned court is therefore directed to release the said amount with interest accrued thereon in favour of the appellant.

9. In view of above, appeal is allowed. CM. No. 12539/2012 and 12541/2012 With the disposal of the instant appeal itself, instant applications have become infructuous and disposed of as such.

SURESH KAIT, J MARCH 13, 2014 Jg/RS