F.A.O.No.498 of 2005 1
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH.
F.A.O.No.498 of 2005
Date of Decision:-5.8.2009
Balwinder Singh ...Appellant
Versus
Amarnath and others ...Respondents
CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR GARG
Present: Mr.Inderjit Sharma, Advocate for the appellant.
Rakesh Kumar Garg, J. (Oral):
This is owner’s appeal challenging the impugned award
passed by the Motor Accident Claims Tribunal, Chandigarh, only to
the extent of granting liberty to the Insurance Company to claim
reimbursement of the awarded amount from him.
The present appeal was admitted for hearing only against
respondent No.5 i.e. Insurance Company and qua others, the same
stood dismissed vide order dated 19.7.2005. It is also a matter of
record that FAO No.347 of 2003 filed by the claimants for
enhancement of compensation against the impugned award was
allowed by this Court vide its judgment dated 9.8.2006.
A perusal of the impugned award shows that the Tribunal
gave finding that Mahabir Singh Driver of the offending vehicle was
not holding a valid driving licence at the time of accident as the
aforesaid driving licence was valid till 21.5.2002 only and it was never
F.A.O.No.498 of 2005 2
renewed and, therefore, respondent No.1 was not holding a valid
driving licence at the time of accident on 1.9.2002. There is nothing
on record to challenge the aforesaid findings of the Tribunal, In fact,
learned counsel appearing on behalf of the appellant was unable to
assail these findings of the Tribunal.
In view of aforesaid, I find no merit in this appeal.
Dismissed.
(Rakesh Kumar Garg)
5.8.2009 Judge
AS