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R.D. Vyas, J.
United India Insurance Co. v. Sherali
Misc. Appeal No. 388 of 1996 (1); Decided on 21.7.1998.*
(2) Motor Vehicles Act, 1988 -- Ss. 168 and 149(2)(a)(ii) -- driving licence not renewed on date of accident -- insurer is still liable -- has to satisfy the award.
¼1½ eksVj ;ku vf/kfu;e] 1988 && /kkjk 149¼2½ ¼d½ ¼2½ rFkk 3 && pkyku vuqKfIr uohd`r ugha && chekdrkZ nkf;Ro ls cp ugha ldrkA
¼2½ eksVj ;ku vf/kfu;e] 1988 && /kkjk 168 rFkk 149 ¼2½ ¼d½ ¼2½ && nq?kZVuk ds fnukad dks pkyu vuqKfIr uohd`r ugha && chekdrkZ rc Hkh nk;h gS && mls vf/kfu.kZ; dh rqf"V djuk gksxhA
This appeal is directed against award passed in Claim Case No. 16/94 dated 30.4.96 by First Member, M.A.C.T., Ujjain, who is pleased to award the amount of Rs. 50,000/- for an accidental death of the daughter of respondents No.1 and No.2. It is stated that on 30.8.93 when the respondent No.3 was driving truck No. MOU-3729 which was owned by respondent No.4, the said truck knocked down Rukhsana, daughter of respondents No. 1 and 2. She was crushed under the truck and died. Upon the assessment of the evidence and the arguments the lower Court granted award of Rs. 50,000/-.
Shri Saraf has only one argument and i.e. the respondent No. 3 did not possess any valid licence renewed on the date of accident.
The argument is said for rejection since the term of contract is also that a person has held or had held licence was not disqualified could be a good driver.
In such circumstances there is no reason to accept the contention of the learned counsel for the appellant. The licence was thereafter renewed, therefore, it cannot be said that the vehicle was driven by any incompetent person. In such circumstances on the arguments advanced by the learned counsel for the appellant there cannot be any interference in the lower Court's judgment.
Therefore, this appeal is dismissed with no order as to costs.
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