D.P.SINGH, J. - (1.) HEARD Counsel for the appellant, Sri R.C. Gupta, Counsel for the respondent No. 1 claimant and Sri Rajiv Chaddha, Counsel for the respondent Insurance Company.
(2.) THIS First Appeal From Order is directed against an award dated 30th April, 1983 passed in Motor Accident CIaim Petition No. 81 of 1980 by the Motor Accident Claims Tribunal, Muzaffarnagar awarding Rs. 58.000/- as compensation to the respondent claimant. The claimant, who was aged about 40 years and was engaged in the profession of constructing truck bodies, was walking down the road when he was knocked down by Truck No. USK 9370 beionging to the appellant at about 7 a.m. near Gandhi Golony in Muzaffarnagar. The vehicle ran over his leg crushing it completely and the leg had to be amputated. He preferred the aforesaid claim petition impleading the Insurance Company where the parties filed their respective written statements. The claimant examined atleast three witnesses on his behalf to prove his claim, but neither the Insurance Company nor the appellant owner filed any evidence in rebuttal.
(3.) THE Tribunal having assessed the compensation considered the issue as to who was liable to pay it. It found that the truck was du?y registered with the Insurance Company but it was urged on behalf of the Insurance Company that it was being driven in breach of the condition of insurance, in as much, as, the driver of the vehicle did not possess a valid driying licence, it, after relying upon the admission of the owner in his written statement, held that the owner was liable.;