Shamsher Singh vs Devendra Singh

Sanjay K. Agrawal, J

The owner of the vehicle has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 calling in question the legality, validity & correctness of the impugned award dated 16.03.2020 passed by the Sixth Additional Motor Accident Claims Tribunal, Durg, by which the claim application of the claimant has been allowed and an amount of compensation to the tune of Rs.1,47,620/- has been awarded towards damage of the vehicle to the claimant.

Ms. Aditi Singhvi, learned counsel for the appellant, would submit that the driver of the offending vehicle Devendra Singh was having valid & effective driving licence to drive the vehicle and the vehicle did have a valid permit to ply the vehicle, therefore, the insurance company ought not to have been exonerated.

Mr. Dashrath Gupta, learned counsel for the insurance company & Ms. Vartika Shrivastava, learned counsel appearing for the claimant, would support the impugned award.

I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records minutely.

The learned Claims Tribunal after appreciating the oral and documentary evidence available on record in para 41 of the impugned judgment has clearly recorded a finding that the offending vehicle was being driven by Devendra Singh in breach of terms of the insurance policy, as he did not have valid & effective driving licence to drive the vehicle and vehicle did not have valid permit and fitness to ply on the road. The aforesaid finding recorded by the learned Claims Tribunal is a correct finding of fact based on evidence available on record, which is neither perverse nor contrary to the record. Therefore, I do not find any merit in this appeal and accordingly, the same is liable to be and hereby dismissed.