Arvind Kumar Mishra, J. - (1.) Heard Sri Vishwa Ratna Dwivedi, learned counsel for the appellant, Sri Mohd. Naushad Siddiqui, learned counsel for the caveator-respondent nos.4 to 7 and perused the material brought on record.
(2.) This First Appeal From Order has been directed against part of the award dated 12.12.2017 passed by Additional District Judge, Court No.16 / Motor Accident Claims Tribunal, Kanpur Nagar, in MACP No.1094 of 2010, Km. Anjali Sharma and others Vs. National Insurance Co. Ltd. and others whereby the appellant has been fastened with 30% responsibility out of the overall compensation (amount) to the tune of Rs.1,50,600/-
(3.) Crux consideration before this Court is that the responsibility on the appellant was fixed in the event of absence of valid and effective driving licence of the driver of the vehicle i.e. Truck U.P. 78 AT 2863. In this regard, specific issue was framed by the Tribunal as issue no.9 which was deliberated and discussed by the Tribunal and the adverse finding was recorded against the appellant holding that the driver of the aforesaid truck was not possessing valid and effective driving licence, consequently on account of the provisions contained in the Motor Vehicles Act, 1988, the owner-appellant was required to pay 30% amount out of the total compensation amount to the extent mentioned above.;