Saumitra Dayal Singh, J. - (1.) This appeal has been filed by the insurer against the award of the Motor Accident Claims Tribunal, Bareilly dated 25.05.1999 in Motor Accident Claim Petition No. 455 of 1998, arising from the accidental death of Abdul Matin, aged about 32 years, who received fatal injuries in an accident caused by the tractor insured by the present appellant bearing registration no. UP 25 F-905.
(2.) While, at this stage, learned counsel for the appellant does not press any ground to question the finding of the Tribunal as to the occurrence of the accident or as to negligence of the driver of the said tractor or quantification of compensation awarded, the solitary ground raised by learned counsel for the appellant to challenge the award is that on the date of accident being dated 12.07.1998 the aforesaid tractor was being driven by Abdul Halim, who did not have a valid and effective driving licence. In this regard, it is submitted, the driving licence which was produced and proved before the Tribunal was valid and effective up to 16.01.1996. Further, the renewal of that licence as claimed by the owner and driver of the tractor was disbelieved by the Tribunal. According to the Tribunal, the renewal was forged or 'Farzi'.
(3.) From perusal of the award, it appears that the owner of the tractor did not adduce any evidence to establish that the driving licence of Abdul Halim was valid and effective beyond 16.01.1996. They also did not lead any evidence to establish that renewal of that licence had been applied for within 30 days of its expiry i.e. 16.01.1996.;