- (1.) Heard Sri Saurabh Srivastava, learned counsel for the appellant.
(2.) This appeal has been filed challenging the award dated 27.11.2015 in M.A.C.P. No.123 of 2013 Smt. Vidhya Devi And 4 Ors. Vs. Vikas Jain and another, passed by the Motor Accident Claim Tribunal/Additional District Judge)/Special Judge, S.C./S.T.(P.A.) Act, Badaun, awarding a sum of Rs.3,37,000/- to the claimants-respondents on account of death of Sri Omkar (husband of claimant-respondent No.1 and father of claimants-respondents No. 2 to 5) in an accident on 9.2.2013 caused by truck bearing registration No. H.R. 55/8341.
(3.) Submission of the learned counsel for the appellant is that the deceased was the driver of the offending truck. While parking the truck he came in contact with 11000 voltage electric line which resulted in his death. He was having no driving licence and as such no liability of the appellant insurer could be fixed. Thus, the Tribunal committed a manifest error of law in fixing the liability of the appellant insurance company for payment of compensation to the claimants respondents. In support of his submission, he relied upon decision of Hon'ble Supreme Court in the case of United India Insurance Co. Ltd. Vs. Sujata Arora and others, 2013 3 TAC 29 .;