FAO-8253-2017(O&M)

-1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

FAO-8253-2017(O&M)

Date of Order: 30.01.2019

HARDEEP SINGH AND ANR

..Appellants

Versus

UNITED INDIA INSURANCE AND ORS

..Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. Sandeep Kotla, Advocate,

for the appellants.

Mr. Gopal Mittal, Advocate,

for the Insurance Company.

ANIL KSHETARPAL, J (Oral)

Owner of the offending vehicle is in the appeal against the

rights of recovery given to the Insurance Company.

As per the finding of the learned Motor Accident Claims

Tribunal, driver Ram Mehar was holding a valid driving license valid from

06.01.2010 to 31.07.2022 for non transport vehicle and valid from

06.01.2010 to 03.08.2017 for driving transport vehicle. The accident took

place on 22.06.2016 when he was driving a truck with 10 tyres (multi axle)

having tanker (for transporting liquid) on it. There is no evidence that the

truck, having tanker on it, was carrying any hazardous goods. Still further

failure to obtain necessary endorsement as required under sub-rule (3) of

Rule 9 of the Central Motor Vehicle Rules, 1989 is not so fundamental