V.K. Sharma, J. - (1.) Present appeal has been filed by the Insurance Company against the award passed by the learned Motor Accident Claims (Tribunal), Narnaul (for short the Tribunal) vide which claim petition filed under Sec. 163A of the Motor Vehicles Act, 1988 (for short the Act) was allowed and compensation to the tune of Rs. 3,50,600/ - was awarded in favour of the claimants along with interest at the rate of 7 per cent per annum from the date of the institution of the petition till its realisation.
(2.) Learned Counsel for the appellant has challenged the finding recorded by the learned Tribunal on issue No. 3 primarily on the ground that the driver of the offending vehicle was not holding a valid licence on the date of the accident. It was proved on record that the licence of respondent No. 1 i.e. Mukesh Kumar was valid up to 25.11.2004 and the said licence was issued on 7.3.2003. The accident had occurred on 25.3.2005 and licence was renewed only on 25.8.2005. Learned Tribunal took notice of the insurance policy which was placed on record as Exhibit R.2 and noted the following clause in the said policy: Any person including insured provided that the person driving holds an effective driving licence (including learner's licence) at the time of accident and is not disqualified from holding or obtaining such a licence with all the required endorsements thereon as per Motor Vehicles Act and the Rules made thereunder for the time being in force to drive the category of Motor Vehicle insured hereunder.
(3.) Learned Tribunal thereafter placed reliance on the judgment of this Court in the case of Ram Phal v/s. Krishna Makkar and Ors. : 1989 ACJ 1126, wherein by relying upon the judgment of Hon'ble Supreme Court in the case of Skandia Insurance Co. Ltd. v/s. Kokilaben Chandravadan : 1987 ACJ 411 it was held as under:;