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2006 Supreme(P&H) 1387

T.P.S.MANN, M.M.KUMAR
National Insurance Company Limited – Appellant
Versus
Sushil Kumar – Respondent


Judgment

M. M. KUMAR, J.

1. The Insurance Company is in appeal, challenging the award dated 20.12.2005 passed by the Motor Accident Claims Tribunal, yamunanagar (for brevity, "the Tribunal" ). The Tribunal has recorded a categorical finding that accident had taken place on 12.2.2004 due to rash and negligent driving of the offending bus No. HR-45-5480 by its driver Palia Ram. The contention to the contrary that there was a contributory negligence on the part of the motor-cyclist, the deceased, has not been accepted by the Tribunal. The defence of false implication of driver has also not been accepted. It has further been found that the motor-cyclist, namely, ravinder Kumar, has died in the afore-mentioned accident. There was a controversy with regard to the validity of the driving licence and its renewal. The Insurance company has argued that the driving licence has expired on 23.10.2003 i. e. much before the date of accident on 12.2.2004. It was pointed out that the driving licence was renewed with effect from 14.9.2005 to 13.9.2008. However, it was submitted on behalf of the driver as well as the owner that the driving licence was renewed from the back date and the Tribunal has re









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