S.S. Chauhan, J. - (1.) THROUGH this First Appeal From Order the judgment and award dated 11.10.2004 passed by the Motor Accident Claims Tribunal, Lucknow in Claim Petition No. 329 of 2001 and the order dated 18.3.2005 passed in Review Petition No. 20 of 2004 have been challenged.
(2.) THE facts in brief relating the present dispute are that on 11.2.2001 when the claimant was going on to sell the cream on Vikram Tempo near the Bijli Pasi Port the said Tempo met with an accident and was hit by Truck No. UP 32/A8252 and the Tempo turned turtle on account of which the claimant received fracture in his left leg and thigh and serious injuries on the body. Thereafter, he was taken to Balram Hospital, where he was admitted for fifteen days. An F.I.R. in respect of the said incident was lodged under Sections /// I.P.C. Thereafter, the claimant filed claim petition before the Tribunal claiming compensation. Awadh Ram, owner of the Truck was the opposite party No. 1 before the Tribunal and notice was served upon him, but in spite of service he did not turn up to contest the proceedings. The age of the claimant was 25 years at the time of accident and it was claimed by the claimant that he was earning Rs. 4,000/ - p.m. and his working was decreased on account of the accident and hence he was entitled for compensation. The Insurance Company filed written statement and denied the claim of the claimant. Thereafter, issues were framed and after framing of issues, the liability of the Insurance Company was found to be established and accordingly the impugned award was passed. Hence this appeal. Submission of learned Counsel for the appellant is that on an enquiry it was found that the licence possessed by the truck driver was found to be fake and in this regard a certificate was obtained from the office of the R.T.O., Cuttack, State of Orissa and from the said certificate it is established that the licence held by the truck driver was fake. The submission, therefore, is that since the licence of the truck driver was found to be fake, the liability of the Insurance Company cannot be established and is not made out. In support of her contention, she has placed reliance upon the following cases: Oriental insurance Co. Ltd v. Fida Ali and Ors. : 1995 ACJ 572, National Insurance Co. Ltd. v. Brij Pal Singh and Anr. : 2003 ACJ 1274, National Insurance Co. Ltd. v. Kusum Rai and Ors. : 2006 ACJ 1336, and National Insurance Co. Ltd. v. Kaushalaya Devi and Ors. : 2008 ACJ 2144.
(3.) COUNSEL for the respondent No. 1 has not been able to deny the arguments of counsel for the appellant and has submitted that it was for the truck owner to come forward to contest the claim and place the relevant facts if they were otherwise available to him.;