JUDGMENT

Ritu Bahri, J. (Oral). - The present appeal has been filed by the owner of the vehicle Surjit Khan against the award of the Tribunal dated 04.09.2006 whereby finding on issue No. 4 has been returned against the owner that driver was not having effective driving licence to drive HTV at the time of accident and in this backdrop after paying the compensation by the insurance company, recovery rights have been given to the insurance company to recover the amount from the owner, the present appellant and the driver.

2. The facts not in dispute between the parties are that on 03.03.2001 Pappu Ram was going on a cycle from Faggan. He was behind the tractor trolley. When he reached near bus stop of village Hardashpur from Faggan Majra to Patiala, a bus bearing No. PB-13H-3786 being driven by respondent No. 1 rashly and negligently was going to hit the tractor trolley, however the accident was avoided due to activeness of driver of tractor trolley and then the bus hit into the bicycle of Pappu Ram by going extreme wrong side of the road. As a result of this accident, PappuRam su