Judgment:
FAO-3412-2013 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-3412-2013 (O&M) Date of decision: 22.01.2014 Rajni Gupta ...Appellant Versus Mukesh and others ...Respondents CORAM: HON'BLE Mr.JUSTICE JITENDRA CHAUHAN Present: Mr.Pankaj Maini, Advocate, for the appellant.
Mr.M.B.Jain, Advocate, for respondent No.5-Insurance Company.
JITENDRA CHAUHAN, J.
This is owner's appeal challenging the impugned award dated 26.04.2013, passed by the learned Motor Accident Claims Tribunal, Hisar.
The learned counsel for the appellant contends that the learned Tribunal erred in fastening the liability upon the appellant- owner on the ground that the driver, Kashish Gupta was holding driving licence to drive a vehicle below 50cc.
In fact, no vehicle as such is available in the market which is below 50cc.
The deceased himself was 17 years old and was not holding any driving licence, Sethi Atul 2014.02.04 18:50 I attest to the accuracy and integrity of this document Chandigarh FAO-3412-2013 -2- nor was he wearing any helmet.
The accident occurred due to the contributory negligence.
FIR No.245 dated 17.04.2011, was lodged on the complaint of Kashish Gupta, driver of the offending vehicle.
However, upon pressure being put on the police by the family members of the deceased, the same FIR was converted against its original author.
On the other hand, the learned counsel for the respondent-Insurance Company submits that the learned Tribunal has rightly fastened liability upon the appellant as the driver of the offending vehicle was not holding valid licence to drive the same.
I have heard the learned counsel for the parties and perused the record.
From the perusal of learner's licence of Kashish Gupta, Ex.R-4, it is made out that the same was for driving motor vehicle without gear below 50 CC.
However, the offending vehicle bearing registration No.HR-20U-6415, is of 125 CC.
The driving licence, Ex.R3, though produced on record, was issued on 12.05.2011, i.e.after the date of accident in question.
He was also minor on the date of accident.
As far as the question of the author of FIR No.245 dated 17.04.2011, being made the accused, it is a question of fact which this Court is not inclined to go into, at this stage.
The fact remains that Kishish Gupta is facing trial in the said FIR.
Sethi Atul 2014.02.04 18:50 I attest to the accuracy and integrity of this document Chandigarh FAO-3412-2013 -3- In view of the above, the present appeal being bereft of any merit, is hereby dismissed.
22.01.2014 ( JITENDRA CHAUHAN) atulsethi JUDGE Sethi Atul 2014.02.04 18:50 I attest to the accuracy and integrity of this document Chandigarh