IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O. No. 1302 of 2010 (O&M) Date of Decision: 18.5.2010 Duli Chand ....Appellant Versus The New India Assurance Co. Ltd. And others ...Respondents CORAM : Hon'ble Mr. Justice Rajesh Bindal Present:- Mr. N.S. Shekhawat, Advocate for the appellant. RAJESH BINDAL, J Challenge in the present appeal is to the award dated 29.8.2009 whereby Motor Accident Claims Tribunal, Rewari, ( for short, 'the Tribunal'), has awarded a sum of Rs. 3,50,000/- to the claimants on account of death of Hukum Singh in a motor vehicular accident. Liability to satisfy the award has been fastened on the owner-cum-driver of the vehicle. Briefly the facts are that on 28.12.2004 on the asking of the appellant deceased Hukum Singh being a pillion rider on Scooter No. HR 36- E/0725 was going to his village Pranpura from Rewari and when they reached in the revenue estate of village Suthana, Scooter slipped due to rash and negligent driving of the appellant and Hukum Singh sustained fatal injuries. He was taken to Civil Hospital, Rewari where he was declared dead. A police case was registered in P.S. Kasola on the statement of Vishnu Duitt s/o Shri Kalu Ram r/o village Pranpura. Hukum Singh was earning a sum of Rs. 3300/- per month. The scooter is owned by the appellant and is insured with respondent No. 1. The claimants being legal heirs of deceased Hukam Singh filed claim petition against the appellant and respondent No. 1. Learned Court below awarded compensation of Rs. 3,50,000/- with interest at the rate of 7.5% per annum to the claimants. Liability of the award has been put on the owner-cum-driver of the vehicle on the ground that the driver of the vehicle was not carrying a valid driving licence on the date of accident which occurred on December 28, 2004. As per the evidence produced by the Insurance Company on record, the driver was holding a licence which was valid from 8.9.1998 to 7.2.2004. Thereafter it was renewed from 7.4.2005 to 7.2.2009. Meaning thereby that the date on which the accident took place the driver of the vehicle was not carrying a valid driving licence. Once the licence was found to be invalid, no fault can be found with the direction ultimately given to the owner and driver of the vehicle to satisfy the award passed in favour of the claimants. The appeal is accordingly dismissed. (RAJESH BINDAL) 18.5.2010. JUDGE Reema