B.C.KANDPAL, J. - (1.) THIS appeal, under Section 173 of the Mo­tor Vehicles Act, arises out against the judgment and award dated 26-9-2005, passed by Motor Accident Claims Tri­bunal/Additional District Judge/II F.T.C., Nainital, in MACP No. 71 of 2003. Smt. Reshu and others Vs. Rajesh Sethi and another.
(2.) THE facts of the case, in a nut­shell, are that Sanjeev Kumar Sharma along with relatives and friend on 8-1-2003 were travelling in Maruti Car No. DL 2-C/C/7301, from Manglore to Roorkee. Sanjeev Kumar himself was driving the Car. When the Car reached near G.T. Road Roorkee, truck No. U.P.07/H/0097 coming from opposite direction, dashed the Maruti Car in a rash and negligent manner. All the occupants of the car sustained grievous injuries and they were shifted to Government Hospital Roorkee, where the doctors declared Sanjeev Kumar dead. The deceased was run­ning a P.C.O. and he was also an Agent in L.I.C. His monthly income was Rs. 10,000/-. The opposite party No.1, owner of the Truck No. U.P.-07/H/0097, did not contest the claim inspite of serv­ice and the petition was heard exparte against him.
(3.) THE opposite party No. 2. United India Insurance Company al­leged that no information of the acci­dent was given to it by the owner of the truck involved in the accident. The driver of the truck was not possessing a valid and effective driving licence and the owner of the Truck is required to prove that the driver was possess­ing effective and valid driving license and the vehicle was also having valid registration, fitness etc.;