- (1.) HEARD learned counsel for the parties and perused the record as well as the award of the learned Tribunal.
(2.) THIS miscellaneous appeal, under Section 173 of the Motor Vehicles Act, 1988, has been preferred by the claimant-injured claiming therein an amount of Rs.1,59,000/-, as compensation on account of the injuries suffered by him in a road accident, involving the truck owned by the owner, driver and insurer (respondents) bearing registration No.RNG 1613. The claimant-appellant had also claimed the damages to the Tractor, which was owned by him and was damaged in the said accident. The submission of the learned counsel for the claimant-appellant is that the learned Tribunal has erred in exonerating the insurance company respondent No.4 of its liability on the ground that the driver of the truck did not possess a valid driving license. Learned counsel further submits that in any event, so far as the claim is concerned, the Motor Vehicles Act, being a benefitial legislation for the purposes of the persons, who suffered injuries or death in any road accident, it is a litigation, which is thrust upon them without their choice, hence, the interpretation, which is beneficial and in favour of the claimant must be adopted so that the object of the legislation can be achieved. Learned counsel submitted, on the basis of the judgment of the Honourable Supreme Court in the case of National Insurance Co. Ltd. Vs. Swaran Singh and Others, reported in (2004) 3 S.C.C. Page 297 that so far as the claimant is concerned, the insurance company, notwithstanding its defences under Section 149 of the Motor Vehicles Act, 1988 should be made liable to pay the amount with the right to recover the same from the owner-injured, as held in the aforesaid case in Para 110 (x).
(3.) LEARNED counsel further submitted that the claimant-appellant had purchased the tractor, in question and was its owner and, therefore, with regard to the damage caused to the tractor owned by the appellant, the appellant 's claim based upon the aforesaid, the damages ought to have been allowed as damage to property. Learned counsel for the respondents, on the other hand, supported the award passed by the learned Tribunal and contended that in the instant case the driver of the vehicle (Truck) No.RNG 1613 did not possess the valid driving license on the date of the accident and his license had expired on 20.04.1995, whereas the accident had occurred on 29.12.1995. He submits that the license had subsequently been renewed with effect from 04.01.1996, but this would be of no avail as it was renewed after the grace period of 30-days. Learned counsel for the respondents further contended that so far as the case of National Insurance Co. Ltd. Vs. Swaran Singh (supra) is concerned, in the aforesaid case the Honourable Apex Court had taken into consideration the provisions of Section 14 of the Motor Vehicles Act, which provided the grace period of 30-days from the date of expiry of its license, which is not so in the facts and circumstances of the present case. ;