ANANT KUMAR,J. - (1.) The appeal filed at the instance of the Insurer/Insurance Company seeks setting aside award dated 5.3.2014, rendered by Motor Accident Claims Tribunal/Additional District Judge, Court No.4, Lucknow in Claim Petition No.70 of 2007 Smt. Santosh Kumari and others versus Managing Director, UPSRTC and others.
(2.) The following substantial question of law arises for consideration in this appeal : "Whether the Insurance Company would be liable to pay the insured/awarded amount, in case the accident occurs within thirty days of the expiry of the licence of the driver of the offending vehicle ?"
(3.) Facts of the case in brief are that Barati Lal (deceased) was going on his motorcycle, Registration No.UP32/BK 7301 at 6.30p.m. on 31.12.2006 via Mawaiya over-bridge from the side of Eveready Tri-Junction. Offending bus bearing Registration No.UP32/BN1735 being driven negligently came and hit the motorcycle of Barati Lal. Barati Lal fell off his motorcycle and sustained injuries of serious nature on his head. Barati Lal was moved to Trauma Centre, Medical College, Lucknow where he died at 11.00p.m. on 31.12.2006 itself. Brother of Barati Lal, namely Phool Chandra got First Information Report registered in police station Bazarkhala, district Lucknow with the allegation that the bus driver was driving the bus in a negligent and rash manner at fast speed which caused the accident. At the time of death, age of Barati Lal was 40 years. Barati Lal was serving as Phone Mechanic in Bharat Sanchar Nigam Limited, U.P. on a salary of Rs.11,373/-. Claim petition was filed by the respondents/claimants to claim Rs.31,14,044/-. ;