- (1.) Heard Sri Suyash Agarwal, Advocate, for appellant and perused the record.
(2.) This appeal under Section 173 of Motor Vehicles Act, 1988 (hereinafter referred to as "Act, 1988") has arisen from judgment and award dated 21.11.2015 passed by Sri Narendra Kumar Johri, Motor Accident Claims Tribunal/Additional District Judge, Court No. 1, Bulandshahar (hereinafter referred to as "Tribunal") in Motor Accident Claim Petition No. 226 of 2013. The appeal has been filed by Owner of tort feasor Vehicle. Since Tribunal has found that vehicle was being driven by a person who did not possess a valid driving licence, therefore, Insurance Company was not found liable for payment of compensation and owner has been held responsible.
(3.) Learned counsel for appellant contended that even if driving licence is not found to be genuine, still finding has to be recorded by Tribunal that conduct of owner was negligent and unless such finding is recorded, owner cannot be held responsible. Reliance is placed on National Insurance Co. Ltd. Vs. Swaran Singh and others, 2004 3 SCC 297.;