NEW INDIA ASSURANCE CO. LTD.versusMANJIT KAUR AND ORS.

A                    NEW INDIA ASSURANCE CO. LTD.                                    _..,
                                         V.

                           MANJIT KAUR AND ORS.

                               JANUARY 5, 2004

B                 (V. N. KHARE, CJ. AND S.B. SINHA, J.]

                                                                                         .,
                                                                                     {
          Motor Vehicles Act, 1988-Motor accident-Driver ofvehicle not holding
    licence-Compensation-Awarded by Tribunal and Co11/ir111ed by High Court
    with permission to Insurance C:ompany to realize the amount from the driver
c   of the vehicle-On appeal, held: In view of the facts of the case orders of
    Courts below justified and need no inference under discretionary jurisdiction-
    Constitution of India, 1950-Article 136.

          National Insurance Co. ltd v. Swaran Singh and Ors., 120041 3 SCC
D   297, relied on.

         CIVIL APPELLATE JURISDICTION: Special Leave Petition (C) No.
    176 of 2004.
                                                                                         "~
                                                                                                        I·


         From the Judgment and· Order dated 12.12.2002 of the Punjab and                                !!;

E   Haryana High Court in F.A.0. No. 5766 of 2002.

          Dr. Kailash Chand (N.P.) for the Petitioner.

          The Judgment of the Cou1t was delivered by

         V. N. KHARE, CJ. This Special Leave Petition is directed against a
F
  judgment and order dated 12112/2002 passed by the High Court of Punjab
  and Haryana at Chandigarh whereby and whereunder it affirmed the award                          .,.
  passed by Motor Accident Claims Tribunal, Ropar in Case No. 119 of                          i
  8.12.2000. The question raised in the Special Leave Petition is as to whether
   in view of the finding of the Learned Tribunal that the driver of the Maruti
G Car   was not holding a driving licence and paiticularly when he happened to
  be the owner of the vehicle, the learned Tribunal as well as the High Court
  committed an error in passing the impugned judgment.
                                                                                                  ,A
          Keeping in view of the fact that both the Tribunal and the High Court
    had recorded that the Petitioner would be entitled to realise the amount of                           ,.
H                                        126
         NEW INDIA ASSURANCE CO. LTD. 1•. MANJIT KAUR [Y. N. KflARE, CJ.]   127

compensation as assessed from the driver of the offending vehicle, we do not A
intend to exercise our discretionary jurisdiction under Article 136 of the
Constitution of India, particularly, having regard to our decision in SLP
(Civil) No. 9027 of 2003, National Insurance Co. ltd. v. Swaran Singh and
Ors. we do not intend to exercise our discretionary jurisdiction in the matter.
                                                                                   B
     The Petition is dismissed.

K.K.T.                                                       Petition dismissed.