Punjab-Haryana High Court
Pepsu Road Transport Corporation vs National Insurance Company Limited And ... on 23 September, 2013
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO No. 2774 of 2010 (O&M).
Date of Decision: 23.9.2013.
Pepsu Road Transport Corporation, Patiala & another
.... Appellants
Versus
National Insurance Company Limited and others
.... Respondents
CORAM: HON'BLE MR. JUSTICE NAWAB SINGH
Present: Mr. Anupam Singla, Advocate,
for the appellants.
Mr. Ravinder Arora, Advocate,
for the insurance company.
NAWAB SINGH.J (ORAL)
This appeal has been filed by Pepsu Road
Transport Corporation, Patiala-owner of offending bus bearing No.PB-11F-9718 against the Award dated December 01, 2004 passed by Motor Accident Claims Tribunal, Bathinda (for short `the Tribunal).
2. Widow and five children of Harnek Singh-
deceased filed claim application under Section 166 of the Motor Vehicles Act seeking compensation due to death of Harnek Singh in a vehicular accident on February 10, 2002 on account of rash and negligent driving of the offending bus by Ravinder Singh.
3. The Tribunal awarded compensation of Rs.1,30,000/- along with interest at the rate of 9 per cent per annum from the date of filing of the claim application till its realization. The bus was insured with National Insurance Company Ltd. The Tribunal held that accident took place on account of rash and negligent driving of Ravinder Singh. It was held that the amount of Sanjay compensation shall be paid by the insurer. The Insurance Company 2013.09.28 14:41 I attest to the accuracy and integrity of this document Punjab and Haryana High Court FAO No. 2774 of 2010 (2) was given right to recover the amount from the owner of the bus, that is, the appellant because Ravinder Singh was not holding a valid and effective driving licence.
4. The appeal has been filed after delay of 1939 days, that is, 5 years, 3 months and 24 days. Along with the appeal, application under Section 5 of the Limitation Act read with Section 151 of the Code of Civil Procedure has also been filed.
5. Indisputably, Ravinder Singh was not holding valid driving licence to drive the bus. The bus is owned by the State Government, that is, Pepsu Road Transport Corporation. The driver of the bus having not been in possession of valid and effective driving licence, the terms and conditions laid down inthe insurance policy were violated. In view of this, Tribunal rightly granted right to the Insurance Company to recover the amount from the owner of the bus.
6. In view of above, the appeal as well as application for condonation of delay in filing the appeal are dismissed.
23.9.2013. (NAWAB SINGH)
SN JUDGE
Whether Refer to reporter : Yes/No
Sanjay
2013.09.28 14:41
I attest to the accuracy and
integrity of this document
Punjab and Haryana High Court