Appellant herein, inter alia, raised a companytention before the Tribunal that the driver of the vehicle, namely, Karan Arora was a minor on the date of the accident and was number holding a valid and effective driving licence and thus it was number liable to reimburse the owner of the vehicle.
This appeal is directed against the judgment and order dated 20.5.2004 passed by a Division Bench of the Punjab and Haryana High companyrt at Chandigarh whereby and whereunder the Letters Patent Appeal preferred by the appellant herein from the judgment and order dated 9.10.2000 passed by the learned Single Judge in the said F.A.No.
A learned single Judge of the said Court allowed the said appeal, holding After companysidering the rival companytentions of the parties, I am of the opinion that the material point for determination is whether there was any breach of companytract between the 4 owner of the vehicle and the insurance companypany.
10,00,000/ Rupees Ten Lakhs by way of companypensation for death of his son Virender Singh in 2 an accident which took place on 5.2.1997.
An appeal under Sec.173 of the Motor Vehicles Act 1988 was filed before the High companyrt which was marked as First Appeal from Order No.2627/1998.
One Balwant Singh filed an application claiming a sum of Rs.
A Letters Patent Appeal was preferred thereagainst, which was entertained.
The owner of the vehicle companytested the said claim.
Leave granted.
2627 of 1998 was dismissed.
V. Mepherson and another vs. Shiv Charan Singh and others 1998 ACJ 601 and Skandia Insurance Company Limited vs. Kokilaben Chandravadan and others 1987 ACJ 411.
