FAO No. 3711 of 2008 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 3711 of 2008 (O&M) Date of decision: 06.05.2010 Kulwinder Singh @ Laddi and others ....Appellants Versus Rani and another ....Respondents CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: - Mr. Arvind Mittal, Advocate, for the appellants. Mr. Subhash Goel, Advocate, for respondent No.2. VINOD K. SHARMA, J.(ORAL) This appeal is directed against the award dated 23.4.2008, passed by the learned Motor Accident Claims Tribunal, Sangrur, vide which the claim petition filed by claimant/respondent No.1, under Section 166 of the Motor Vehicles Act, was allowed. Claimant/respondent filed claim petition on the pleadings, that Monika, daughter of the claimant/respondent met with an accident at about 2.15 p.m. on 6.8.2005 near the factory of Harpal Singh, village Gaushpura at Ludhiana-Malerkotla road, while she was going on her moped No.PB-13M-4392. The offending trolla No.HR-37-A-3072, which was coming from the opposite direction, driven in rash and negligent manner, hit the moped. FIR No.143 dated 7.8.2005 under Sections 304-A, 279, 427 IPC, was registered against the driver of the offending vehicle. The deceased was said to be earning Rs.5,000/- (Rupees five thousand only) per month and was aged 20 years at the time FAO No. 3711 of 2008 (O&M) -2- of accident. The claim petition was contested by owner, driver as well as the Insurance Company. In this appeal, we are concerned with the plea raised by the Insurance Company. The Insurance Company had disputed its liability to indemnify the owner on the plea, that the driver of the offending vehicle was not holding a valid driving licence on the date of accident i.e. 6.8.2005. The driver of the offending vehicle placed on record the driving licence bearing No.14355/RDL, which was valid upto 2.8.2008. It was got renewed on 8.8.2005 i.e. two days after the accident. The learned Tribunal held that the driver of the offending vehicle was not holding a valid driving licence, on the date of accident and absolved the Insurance Company of its liability, to indemnify the owner. Mr. Arvind Mittal, learned counsel, appearing on behalf of the appellants, has challenged the finding of the learned Tribunal absolving the Insurance Company of its liability, on the plea that once it was proved, that the driving licence of the driver of the offending vehicle was valid upto 2.8.2005, though accident occurred on 6.8.2005, it was to be treated to be valid for a period of one month, under Section 15 of the Motor Vehicles Act. It was further proved that the licence was got renewed, on 8.8.2005 and its validity was upto 2.8.2008. Therefore, it could not be said that the driver did not have a valid licence. There is force in the contention raised by the learned counsel for the appellants. The award passed by the learned Tribunal is contrary FAO No. 3711 of 2008 (O&M) -3- to the statutory provisions i.e. Section 15 of the Motor Vehicles Act, therefore, the impugned part of the award absolving the Insurance Company of liability cannot be sustained. Consequently, the award passed by the learned Tribunal is modified and the liability to pay the compensation, is fixed jointly and severally on the owner, driver as well as the Insurance Company. With this modification, the award is upheld. Appeal disposed off. (Vinod K. Sharma) Judge May 06, 2010 R.S.