CMA 1825/06-Surjeet Kaur & Anr. Vs. United India Insurance Co. Ltd. & Ors. Judgment dt.6.5.09 1/2 S.B. CIVIL MISC. APPEAL NO.1825/2006 Surjeet Kaur & Anr. Vs. United India Insurance Co. Ltd. & Ors. Date of order : 6th May, 2009 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Nitin Trivedi for the appellants-non-claimants. Mr. Jagdish Vyas for the respondents. Mr. B.K. Vyas for the claimant. ----- 1. Heard learned counsels. 2. This appeal by the owner of the vehicle is directed against the award of the MACT dated 7.9.2006 in MACT Case No.191/2004 – Smt. Leela Devi & Ors. Vs. Sukhmel Singh & Ors. 3. Along with the application under Order 41 Rule 27 CPC, the learned counsel for the appellant-owner has produced on record the valid driving licence of the driver, who was driving the said vehicle at the time of accident. The learned Tribunal in the impugned award found that since the driver was not holding valid driving licence, therefore, there was violation of the condition of the insurance policy and, therefore, the owner of the vehicle would be liable, however, the Insurance company was directed to pay the compensation to the claimants and recover the same back from the owner of the vehicle. 4. In view of the valid driving licence having been produced by the appellant along with the said application under Order 41 Rule 27 along with certificate of District Transport Officer which CMA 1825/06-Surjeet Kaur & Anr. Vs. United India Insurance Co. Ltd. & Ors. Judgment dt.6.5.09 2/2 appears to be Regional Transport Officer, issued on 16.12.1980_ in favour of Sukhmel Singh S/o Shri Harnek Singh, the said finding of the learned Tribunal on issue No.3 cannot be now sustained. 5. Consequently this appeal of the owner is allowed and the finding of learned Tribunal on issue No.3 is set aside. Since the claim has already been settled by the insurance company no further order is required to be passed . No order as to costs. [ DR. VINEET KOTHARI ], J. itemNo.32 babulal