Punjab-Haryana High Court
The Oriental Insurance Company Ltd vs Meera And Others on 14 March, 2024
Author: Alka Sarin
Bench: Alka Sarin
2024:PHHC:036378
FAO-1085-2024 (O&M)
128
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO-1085-2024 (O&M)
Reserved on : 07.03.2024
Date of Decision : 14.03.2024
The Oriental Insurance Company Ltd. ....Appellant
VERSUS
Meera and Others ....Respondents
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Mr. Alankrit Bhardwaj, Advocate for the appellant.
ALKA SARIN, J.
1. The present appeal has been filed by the appellant-Insurance
Company challenging the award dated 04.01.2024 passed by the Motor
Accident Claims Tribunal, Shaheed Bhagat Singh Nagar (hereinafter
referred to as 'Tribunal').
2. Learned counsel for the appellant-Insurance Company would
contend that the driver was not holding a valid driving license and hence the
appellant-Insurance Company ought to have been given recovery rights. The
learned counsel would further contend that the driving license of the driver
was for commercial transport vehicle upto the unladen weight of 7500 kgs
integrity of this order/judgment.
2024:PHHC:036378
FAO-1085-2024 (O&M)
and that the vehicle had an unladen weight of 8610 kgs and hence the
driving license was itself invalid.
3. I have heard the learned counsel for the appellant-Insurance
Company.
4. In the present case, the only argument raised by the learned
counsel is as noticed above. The argument raised by the appellant-Insurance
Company before the Tribunal was that the driver of the offending vehicle
was not holding a valid and effective driving license at the time of the
accident. The argument that was raised and dealt with by the Tribunal was
that there was no valid driving license at the time of the accident and the
license had expired. However, on the basis of the evidence, the Tribunal held
as under :
"25. Thus, from the deposition of Court Witness Vivek
Kumar Kharwa, Regional Inspector, it is clear that
immediately on the expiry of the period of his driving
license on 11.07.2022, as is clear from Ex.R-7, he applied
for the renewal of his driving license on 12.07.2022,
which fact is clear from the application reference slip
Ex.R-8, however, since due to rush, as per Ex.CW1/A, the
appointment of the applicant was scheduled on
23.02.2023, without there being any fault of respondent
no.1, therefore, the driving license of respondent no.1 was
renewed from the date of appointment i.e. 23.02.2023 and
is valid till 22.02.2028 (Transport category) as is proved
integrity of this order/judgment.
2024:PHHC:036378
FAO-1085-2024 (O&M)
from the copy of his renewed driving license Ex.R-9.
Thus, it is crystal clear that at the time of accident,
respondent no.1 had already applied for renewal of his
license to drive the offending vehicle. That was all he
could do and remaining exercise was for the transport
department to complete."
5. The argument being raised now by the learned counsel for the
appellant-Insurance Company was not even raised before the Tribunal. In
view thereof, I do not find any merit in the present appeal which is
accordingly dismissed. Pending applications, if any, also stand disposed off.
( ALKA SARIN )
14.03.2024 JUDGE
Yogesh Sharma
NOTE: Whether speaking/non-speaking: Speaking
Whether reportable: YES/NO
integrity of this order/judgment.
