LISA GILL, J. - (1.) THIS order shall dispose of two appeals i.e., FAO No.2533 of 1998 filed by the Insurance Company and FAO No.852 of 2000 filed by the claimant impugning the same award dated 02.09.1998 passed by the learned the Motor Accident Claims Tribunal, Chandigarh (hereinafter referred to as, the 'Tribunal'). For brevity, the facts are being extracted from FAO No.2533 of 1998.
(2.) THE claimant has prayed for enhancement of the compensation granted on account of injuries received by him in the accident, which occurred on 30.08.1993 and the insurance company has filed the appeal challenging its liability to pay the compensation. The claimant Sqn.Leader Vijay Singh Taprial sustained injuries on his left leg, left ankle, forehead, forearm and left finger in an accident which took place on 30.08.1993 when he was hit by an Ambassador car bearing registration No.CH -01 -J -0638 as he was riding on his motorcycle. The claimant was an Aeronautical Engineer who retired from the Army in the year 1992 and was aged about 59 years at the time of accident. It is stated that he remained in hospital for approximately one year and was operated upon four times. He was admitted in the hospital on four occasions i.e., from 13.08.1993 to 10.12.1993 (120 days); 01.02.1994 to 14.05.1994 (100 days); 19.05.1994 to 31.05.1994 (13 days) and from 26.07.1994 to 18.08.1994 (24 days). As per the certificate Ex.PX permanent disability is assessed at 40% and claim of Rs.20,00,000/ - was urged. Compensation to the tune of Rs.1,50,000/ - was awarded respondents to be discharged by the respondent -insurance company It is contended by learned counsel for the insurance company that the insurance company cannot be held liable to pay the compensation because on the date of accident i.e., 13.08.1993, the driver of the vehicle, in question, was not holding a valid driving licence. The said driving licence is stated to be valid from 27.10.1986 to 08.08.1993 and thereafter, renewed from 25.11.1993 to 25.11.1996. It is, thus, urged that on the relevant date the driver was not holding a valid driving licence thereby leading to a breach of the terms and conditions of the insurance policy, which absolves the insurance company from its liability to pay the compensation.
(3.) AFTER having heard learned counsel for the parties and going through the record, it is seen that the driver of the offending vehicle did have Driving Licence valid from 27.10.1986 to 08.08.1993. The accident took place on 13.08.1993. The said licence is also shown to have been renewed from 25.11.1993 to 25.11.1996. It is not available to the insurance company to urge that as the Driving Licence was valid from 27.10.1986 to 08.08.1993, therefore, the insurance company has to be absolved of its liability to pay the compensation amount notwithstanding the fact that the licence was valid till 08.08.1993 and thereafter, had been renewed.;