SATYA POOT MEHROTRA, J. - (1.) THE present Appeal has been filed by the Insurance Company under Section 173 of the Motor Vehicles Act, 1988 against the award dated 22.5.2009 whereby Rs. 1,69,940/- with interest @ 6% per annum has been awarded as compensation to the claimantsrespondents on account of the death of Wasim in an accident which took place on 23.4.2005 at around 4.00 a.m. in the morning wherein Canter No. UP23B-2043 collided with a Truck.
(2.) THE Motor Vehicles Accident Claims Tribunal framed five issues. Issue No.1 was in regard to the factum of accident having taken place on account of rash and negligent driving by the driver of the aforesaid vehicle, namely, Canter No. UP23B-2043. The Tribunal decided the said Issue in the affirmative.
(3.) ISSUE No.2 was as to whether the vehicle in question was insured with the Insurance Company/ Appellant and as to whether the driver of the vehicle was having a valid and effective Driving License on the date of accident. The Tribunal held that the vehicle in question was insured with the Insurance Company/ Appellant on the date of the accident. However, it was held that the driver of the vehicle in question was not having valid and effective Driving License on the date of accident.;