Saral Srivastava, J. - (1.) The Insurance Company has preferred the present appeal challenging the judgement and order dated 07.08.2009 passed by the Motor Accident Claims Tribunal/Additional District Judge, Kanpur Nagar, whereby the Tribunal has awarded Rs. 1,60,860/- along with 7% interest as compensation for the death of one Phool Chandra Shukla who met with an accident on 04.07.1995 and died on 19.07.1995 due to injuries suffered by him in an accident.
(2.) Learned counsel for the appellant has contended that the driver of the offending vehicle No. MH12- 0714 was not holding a valid driving licence, inasmuch as, the copy of the driving licence filed by the owner before the Tribunal was not legible. Since the copy of the driving licence was not legible, the Insurance Company could not verify the genuineness of the licence. He submits that in such fact situation, the presumption has to be drawn against the driving licence of the driver of the offending vehicle.
(3.) Per contra, learned counsel for the respondents submitted that the owner has appeared and has stated that he has taken all precaution to verify the fact that driver was holding a valid driving licence, and further he had taken test of the driver to ensure that the driver knew the driving well. Thus, he had taken all precautions to verify the fact that the driver had a valid driving licence. He further submits that even if, without admitting, that the driving licence of the driver was not genuine, the breach of the Insurance Policy on the part of the owner was not deliberate and hence, the owner of the vehicle cannot be fastened with liability to pay compensation.;