JUDGMENT :

Learned Motor Accident Claims Tribunal Chamba allowed the claim petition preferred by the legal heirs of the deceased driver under Section 163-A of the Motor Vehicles Act. The claimants were awarded a compensation amount of Rs.5,50,000/- with interest @ 9% per annum from the date of filing the petition till its realization. Aggrieved against this award dated 31.12.2014, the insurance company has preferred instant appeal mainly contending that :-

(a) the driver did not possess a valid and effective driving licence on the date of the accident.

(b) the driver is not a ‘third party’ within the meaning of Chapter XI of the Motor Vehicles Act. Therefore, claim petition under Section 163-A of the Act was not maintainable by his legal heirs. The appellant insurance company is not liable to indemnify the owner/insured with respect to liability towards the driver determined under Section 163-A of the Act.

2. Facts

2(i) A claim petition was preferred under Section 163-A of the Motor Vehicles Act 1988 (for short the Act) by the widow, two minor children and mother of the deceased Raj Kumar. Their case was that Raj Kumar was employed as a driver by respondent No. 5 on his Bolero Camper ve