Ajay Tewari, J. - (1.) This appeal has been filed against that portion of the award dated 4.6.2007 whereby recovery rights have been granted to respondent No.2- owner.
(2.) Facts,in brief, are that on 6.9.04 Som Nath (since deceased) was going from Jagadhri to village Tandwali, Tehsil Barara, District Ambala on tractor-trolley after unloading wooden logs over there and was sitting on the mudguard of tractor-trolley bearing registration No. HR-04/4389. The tractor-trolley was being driven by respondent No.4 and one Jangsher Singh was also sitting on the tractor. When the tractor-trolley reached in the area of village Mehlanwali, truck (Dumper) bearing registration No. HR-29-C/8904 came from the opposite side which was being driven by respondent no.1 in a rash and negligent manner. The side of the truck dashed against the tractor occupied by the deceased. As a result of the impact Som Nath fell down from the tractor-trolley and was crushed under the wheel of the truck. The tractor-trolley was being driven at a moderate speed by the respondent no.1 and on the correct left side of the road. The deceased was immediately shifted to the Civil Hospital, Jagadhri but as the condition of the deceased was serious, therefore, he was referred to Government Medical College and Hospital, Chandigarh where he was operated upon and remained under treatment till 19.9.2004 when he ultimately succumbed to the injuries on 19.9.2004.
(3.) Learned counsel has argued that he does not dispute the fact that the driving licence was fake but as per him the mere fact that the driver had a fake driving licence would not by itself be enough to foist liability on the owner because if the owner is able to show that he had exercised reasonable care while employing the driver and had checked the driving licence then even if it is established subsequently that the driving licence was fake the liability of the insurance company cannot be avoided. As per him in this case the appellant had made the following unrebutted statement:- "I am owner of dumper truck No. HR-29-C- 8904.Sh.Labh Singh was driver on the said truck and was appointed by me in the year 2003. AT the time of appointing Labh Singh I had seen his driving licence and had satisfied myself that it is bearing stamp of competent authorities. The driving licence was having photographs of Labh Singh.";