FAO No.5813 of 2009(O&M) [ 1 ] IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH ... FAO No.5813 of 2009(O&M) Decided on : December 21, 2009 Yudhishtar Kumar ... Appellant VERSUS The National Insurance Company and others ... Respondents CORAM : HON'BLE MR.JUSTICE A.N.JINDAL Present: Mr.Arvind Kashyap, Advocate for the appellant. A.N.JINDAL, J.- Challenge made by the owner of the offending vehicle, is to the award dated 8.8.2009 passed by Motor Accident Claims Tribunal (Fast Track Court), Gurgaon, awarding compensation to the tune of Rs.4,75,000/- to the claimants – respondents No.3 to 5. The respondent – Insurance Company was given recovery rights against the appellant (the owner of the offending vehicle). Heard. The main grievance of the appellant is that before employing respondent No.2 Prem Singh as driver, he had made bonafide inquiries regarding his driving licence, therefore, he cannot be condemned and fastened with the liability to pay the compensation, for the reason that FAO No.5813 of 2009(O&M) [ 2 ] respondent No.2 was not holding a valid driving licence. However, in support of this plea, neither the appellant himself, nor respondent No.2 – his driver appeared in the witness box, as such, the onus cannot be said to have been discharged. In the circumstances, it would not be unsafe to maintain the findings returned by the Tribunal qua giving the recovery rights to the respondent - National Insurance Company, against the appellant. No grounds to interfere. Dismissed. December 21, 2009 ( A.N.JINDAL ) `gian' JUDGE