In the High Court of Punjab and Haryana at Chandigarh
FAO No. 3203 of 2009 (O&M)
Date of decision: November 05, 2009
Mohinder Singh and another
.. Appellants
Vs.
United India Insurance Company Limited and others
.. Respondents
Coram: Hon’ble Mr. Justice A.N. Jindal
Present: Mr. Amit Mehta, Advocate for the appellants.
A.N. Jindal, J
The appellants-respondents No. 2 & 3 (driver and owner) have
preferred this appeal against the award dated 2.3.2009 passed by the Motor
Accident Claims Tribunal, Ambala, whereby the insurance company has
been exonerated and the respondents No.1 to 3 were held liable to pay
compensation to the tune of Rs.2,00,000/- along with interest @ 7.5% per
annum.
The driving licence (Ex.RB) produced by the driver (now
appellant) reveals his date of birth as 18.3.1988. However, the licence was
issued on 18.9.2004, therefore, certainly, he was only 16 years old at the
time of accident and he being minor could not be issued the driving licence
for the truck on the date of accident. As such, the appellant was not
competent to drive the truck.
No grounds to interfere.
Dismissed.
November 05, 2009 (A.N. Jindal) deepak Judge