SURYA PRAKASH KESARWANI, J. - (1.) Heard Shri Manish Kumar Nigam, learned counsel for the appellant.
(2.) This appeal has been filed challenging the award dated 14.10.2015 in M.A.C.P. No.132 of 2013 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No.1, Chandauli awarding a sum of Rs.3,98,000/ - to the claimants -respondents on account of death of Shri Prahlad Kesarwani, who died on 5.10.2013 in an accident caused by the vehicle (Magic) bearing Registration No.UP -45 T -1563 in which the deceased and some other passengers were travelling.
(3.) Learned counsel for the appellant submits that the authorized seating capacity of the offending vehicle was 6 while 17 passengers were travelling and, therefore, the Tribunal has committed a manifest error of law in fixing the liability of the Insurance Company to pay compensation instead of the liability of the owner of the vehicle in question. He submits that driver of the offending vehicle was not having a valid driving licence. Hence in view of the decision of the Hon'ble Supreme Court in the case of United Indian Insurance Co. Ltd. vs. Sujata Arora and others, TAC 2014 (3) SC 29, the appellant has no liability to pay the awarded amount.;