Full Text
JUDGMENT
NEW INDIA ASSURANCE CO LTD ..... Appellant Represented by: Mr. Kanwal Choudhary, Adv.
1. The present appeal is preferred against the impugned award dated 02.08.2010, whereby the learned Tribunal has awarded compensation for a sum of Rs. 6,75,392/- with interest @ 7.[5] % per annum from the date of filing the petition, i.e., 29.01.2005 till the notice under Order 21 Rule 1 CPC was issued.
2. Vide the present appeal, the appellant is seeking exoneration from the liability on the ground that the driver of the offending vehicle was not holding a valid driving licence on the date of accident, despite, Ld. Tribunal 2014:DHC:1173 MAC. APP. No.696/2010 has directed the appellant to pay compensation with right to recover from the owner of the offending vehicle.
3. The issue of no licence, invalid licence and fake licence has already been dealt with by this Court in case of Santosh Chabra & Ors. Vs. Abhishek Gureja & Ors. in MAC Appeal No.805/2010 decided on 04.10.2013,
4. Admittedly, recovery rights have been granted in favour of the appellant. Therefore, taking into consideration the view taken by this Court in the aforementioned case, I do not find any merit in the instant appeal.
5. Accordingly, the present appeal is dismissed.
6. The statutory amount be released in favour of the appellant. CM APPL. 18809/2010(Stay) With the dismissal of the appeal itself, this application has become infructuous. The same is accordingly dismissed.
SURESH KAIT, J. MARCH 04, 2014 Cl/RS