- (1.) The present appeal has been filed by the Bajaj Allianz General Insurance Company Limited challenging the Award dated 24.05.2008 passed by the learned Motor Accident Claims Tribunal, Patiala, whereby a compensation Rs. 75,000/- along with interest at the rate of 9% per annum from the date of filing of the claim petition till payment was granted in favour of respondent No.1/claimant-Balwant Singh.
(2.) The only contention raised by the learned counsel for the appellant-Insurance Company is that Sucha Singh (respondent No.1) was not holding a valid and effective driving licence on 13.11.2004, i.e the date of accident, and as such, the appellant- Insurance Company could not be ordered to satisfy the Award passed in favour of Balwant Singh-claimant. To elaborate his submissions, learned counsel contends that originally Sucha Singh was possessing a driving licence issued by the District Transport Officer, Patiala, for driving scooter/light motor vehicle and the same was valid from 01.09.1999 to 31.08.2002. Afterwards it was alleged to have been renewed from the District Transport Officer, Patiala, from 19.02.2004 to 18.02.2007 but the entry in the register of the District Transport Officer, Patiala, was in the name of Karam Singh son of Jagat Singh and, therefore, it is well-proved from the material on record that the renewal entry in the driving licence of Sucha Singh was fake and as such, it stood established that he was not holding a valid and effective driving licence on 13.11.2004. Though the narration of the complete facts are not necessary in the present case, however, to link the judgment, the facts of the case be surmised as under:- On 13.11.2004 at about 11.30 a.m, Balwant Singh (claimant) along with his sons, Devinder Singh and Ravinder Singh, was going on a scooter being driven on the correct left side of the road with care and caution to village Khanpur to meet his sister. When Balwant Singh reached near the bus stop of village Ghaggar Sarai, a Santro car bearing temporary registration No.HR-61-Z- 0482 (which was later on allotted the registration No.HR-01-R- 0288) was noticed coming from Rajpura side being driven by Sucha Singh rashly or negligently and at a very high speed. Balwant Singh noticing the hazard driving of the Santro car brought his scooter to the extreme left side of the road but still Sucha Singh struck the Santro car with scooter being driven by the claimant, Balwant Singh. Resultantly, Balwant Singh and his two sons along with scooter fell down on the road and sustained multiple injuries.
(3.) Firstly, the three injured were taken to the A.P.Jain Hospital, Rajpura, and from there to Rajindra Hospital, Patiala. The matter was reported to the police on the basis of which FIR No.192, dated 14.11.2014, for the offences punishable under Sections 279, 337, 338 and 427, IPC, was registered at Police Station, Sadar, Rajpura. It is apposite to mention here that initially, the name of the driver was mentioned as Anil Kumar but later on, it transpired that, in fact, the name of the driver of the Santro car was Sucha Singh, therefore, the charge-sheet was presented for prosecution of Sucha Singh-respondent No.1. Balwant Singh filed the claim petition for claiming compensation not only for his own injuries but for the injuries sustained by his two minor sons as well. Learned Motor Accident Claims Tribunal, Patiala, (for brevity the learned Claims Tribunal) issued notices to the driver, the owner and the insurance company of the Santro car. Respondent Nos.1 and 2, i.e the driver and the owner, filed their joint written statement in which they denied the factum of accident and stated that a false case was registered against the driver. It was also averred that the offending Santro car was insured with respondent No.3, i.e the Insurance Company, from 09.08.2004 to 08.08.2005.;