Jaspreet Singh, J. - (1.) Heard Sri Rajeev Misra learned counsel for the appellant and Sri S.S.Rajawat learned counsel for the respondent owner no.7.
(2.) The present first appeal from order under Section 173 of the Motor Vehicles Act, 1988 has been filed by the insurance company being aggrieved against the award dated 13.07.2011 by which the tribunal upon review the liability of the award dated 12.10.2009 has fastened on the insurance company for a sum of Rs.2,80,000/- alongwith 7% interest as awarded by the claims tribunal in favour of the claimant-respondents in respect of the death of their 28 years old daughter.
(3.) The submission of the learned counsel for the appellant is that initially the motor accident claims tribunal/Additional District Judge, Court No.1, Sitapur while dealing with issue not.4 which related to the fact whether the offending truck was being plied in breach of policy terms and conditions, held that since the licence was not valid as it was only for the light motor vehicle but did not have an endorsement for driving the transport vehicle of the said category, therefore, in its award dated 12.01.2009 the liability was fastened on the owner i.e. respondent no.7. However, later a review came to be filed and upon the review application, considering the same driving licence, the tribunal found that the endorsement of the 'driving the transport vehicle' was also mentioned and considering this aspect of the matter the review application was allowed and the entire liability under the award was fastened on the insurance company and it is thereafter being aggrieved that the appellant has preferred the above appeal.;