FAO No.2160 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2160 of 2010 (O&M) Date of decision: 13.12.2011 Ashok Kumar and another ....Appellants Versus Smt.Parbhati Devi and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.SK Yadav, Advocate for the appellants. Ms.Vandana Malhotra, Advocate for respondent No.7-Insurance Company. ***** Jitendra Chauhan, J.(Oral) The present appeal has been filed by the appellants i.e. driver and owner of the offending Maruti Car bearing registration No.DL-8CE- 0159, assailing the award dated 27.3.2010, passed by the learned Motor Accident Claims Tribunal, Narnaul, (for short 'the Tribunal'), whereby the claim petition of the claimants was allowed and the appellants i.e. driver and the owner were held liable to pay the compensation amount. Brief facts of the case are that on 18.1.2008, Khayali Ram (since deceased) met with a motor vehicular accident and he succumbed to the injuries. The alleged offending vehicle i.e. Maruti Car bearing FAO No.2160 of 2010 (O&M) 2 registration No.DL-8CE-0159, was being driven by appellant No.1- Ashok Kumar. The claimants filed a claim petition, which was allowed by the learned Tribunal, vide Award dated 27.3.2010. The learned Tribunal held liable the appellants to pay the amount of compensation because the driver- appellant No.1 was not holding a valid driving licence at the time of accident. Learned counsel for the appellants contends that the Driving Licence of the appellant was placed on record as Ex.P1, but inadvertently, the renewal report (upto 2010), which was on the back side of the driving licence, could not be placed on record. Affidavit of Ashish Arora son of Sh.Madan Lal Arora, Manager, National Insurance Company Limited, Sector 35, Chandigarh alongwith Annexure R-1, Verification Report, filed for and on behalf of respondent No.7 -Insurance Company is taken on record. As per said verification report Annexure R-1, appended with the affidavit, of the licencing authority, Rewari, the licence No.2185/R/07, held by the driver Ashok Kumar was found to be valid from 17.8.2007 to 16.8.2010 for driving motorcycle, Car Scooter and LTV. The date of birth of Ashok Kumar holder of the licence is 25.8.1978. In view of the above, the present appeal alongwith application for leading additional evidence is allowed and the affidavit alongwith Verification Report are taken on record. The award passed by the learned Tribunal is modified to the extent that the award will be satisfied by the Insurance Company instead of the appellants. FAO No.2160 of 2010 (O&M) 3 Registry is directed to refund the statutory amount of `25,000/- deposited by the appellants, at the time of institution of the present appeal. The present appeal is allowed as indicated above. 13.12.2011 (JITENDRA CHAUHAN) gsv JUDGE