- (1.) The present judgment shall dispose of FAO-1025-1998 (New India Assurance Company Limited vs. Manjit Kaur and others) and FAO-1662-1998 (Manjit Kaur vs. Ashok Kumar and others), since both the appeals have arisen out of the one and the same impugned judgment, dated 07.02.1998, passed by the learned Motor Accident Claims Tribunal, Patiala. FAO-1025-1998 has been filed by the New India Assurance Company Limited challenging the impugned award on the premise that Ashok Kumar, the driver of the offending vehicle, was not holding a valid driving licence on the date of accident and, as such, the learned Tribunal had wrongly held the appellant- Insurance Company to satisfy the award. FAO-1662-1998 has been filed by claimant-Manjit Kaur, the mother of Devinder Singh (since deceased), for enhancement of the award amount.
(2.) Mr.Ashwani Talwar, learned counsel for the appellant- Insurance Company in FAO-1025-1998 submits that it was proved on record that Ashok Kumar was not holding a valid driving licence on the date of accident. Even if the fake license was perused by the registered owner of the vehicle and it was presumed by him that the driver was holding a valid driving licence, then also the appellant-Insurance Company could not be saddled with the liability to satisfy the award.
(3.) On the other hand, learned counsel for the appellantclaimant- Manjit Kaur in FAO-1662-1998 submits that Devinder Singh (since deceased), aged about 19 years, was a shop keeper and dealing in spare parts, thereby earning Rs. 2,000/- per month.;