- (1.) The application being CAN 8049 of 2011 filed in connection with the appeal being FMA 1412 of 2011 is for stay of operation of the judgment and award passed by the learned Special Court (E.C. Act)-Cum-Motor Accident Claims Tribunal, Hooghly, in MAC Case No. 58 of 2009 being an application for compensation under Section 163A filed by the respondent claimants under Section 163A of the Motor Vehicles Act, 1988 on account of the death of one Mahadev Das, hereinafter referred to as the deceased victim in an accident in course of use of the motor vehicle bearing Registration No. WMH-1849 owned by the respondent no. 4 and covered by a policy of insurance issued by the appellant insurer.
(2.) It is not in dispute that the accident was in course of use of the motor vehicle insured by the appellant insurer under Section 163A of the Motor Vehicles Act and the compensation is payable in accordance with the Second Schedule of the Motor Vehicles Act, 1988 irrespective of any fault or liability on the part of the owner of the motor vehicle or any other person.
(3.) Mr. Parimal Kumar Pahari, learned counsel appearing on behalf of the appellant insurer submits that the vehicle involved in the accident was being driven by a driver, who did not have a valid driving licence. In the memorandum of appeal/stay application it is contended that the police had seized a driving licence in the name of the driver of the offending vehicle Lalbag Yadav. But upon verification from the Licensing authority it was ascertained that the driving licence was not genuine since the driving licence of the same number had been issued in the name of one Nabin Mondal.;