- (1.) This appeal under Section 173 of the Motor Vehicles Act has been filed by the National Insurance Company Limited challenging the judgment and award dated 30.04.2016 passed by the Additional District Judge (Court No. 3)/Motor Accident Claims Tribunal, Kushinagar at Padrauna awarding a sum of Rs. 5,61,000/- along with 7% simple interest as compensation on death of Satya Prakash Dwivedi, predecessor-in-interest of the claimant-respondents in a motor accident. Tribunal further gave insurance company a right to recover the awarded amount from the owner of the offending vehicle as driving license of the driver of the offending vehicle was not produced.
(2.) Learned counsel for the appellant contends that once driving license of the driver of offending vehicle was not produced in evidence, it shall be presumed that driver was not having a valid driving license and vehicle was being driven in violation of the insurance policy and thus, the appellant - insurance company was not liable to pay the award and the tribunal committed manifest error of law in fastening the said liability upon the insurance company.
(3.) The issue for consideration is whether in such a circumstance the insurance company can be fastened with the liability to satisfy the amount and recover the same from the insured.;