D.L.MEHTA, J. - (1.) HEARD .
(2.) CLAIMANT like present petitioner is generally suffering for want of proper guidance to the subordinate courts, investigating agencies and the other authorities. In this case, the Rajasthan Water Resources Development Corporation appointed a driver, namely, Rajendra Singh, and the vehicle of the appellant, met with an accident resulting in the death of a child. Under Section 92 -A, a sum of Rs. 15,000/ -has been awarded as no fault liability to the claimant. I agree with the view taken by this court in the case of United India Insurance Co. Ltd. v. Ghisi Devi 1989 ACJ 728 (Rajasthan). The appeal of the appellant is accepted to this extent that the insurance company is also liable to make the payment. I further direct the Collector, Jaipur, to attach the property of the appellant immediately and to make the payment to the claimant. The claimant will also be entitled to recover the amount from the insurance company. It is further directed that the Executive Director will take action against the person who has appointed a person without having driving licence and will intimate to this court about the action taken within one month from today. In case the driver had the driving licence, it was the duty of the appellant to see that the driver had a driving licence or not and to intimate the Tribunal.
(3.) COURT below is directed to keep a copy of the driving licence before releasing the seized vehicle. The Director General (Police) is directed to issue directions and to see that the copy of the driving licence and the copy of the insurance policy are produced before the court and generally the vehicle should not be delivered to the owner without producing the copy of the driving licence and the copy of the insurance policy. In case the copy of the driving licence as well as the copy of the insurance policy are not produced, the police shall make report before court that they are having no driving licence as well as the copy of the insurance policy. The learned Magistrate shall record the statement of the police whether the driver had a driving licence or not.;