DIPANKAR DATTA,J. - (1.) In terms of our earlier order dated 20th June, 2017, we have taken up the appeal as well as the application for stay (C.A.N. 11468 of 2015) and the application for withdrawal (C.A.N. 9978 of 2016) for consideration, dispensing with all formalities.
(2.) This appeal under Section 173 of the Motor Vehicles Act (hereafter the 'Act') by the appellant/insurer (hereafter the 'insurer') registers a challenge to an award dated 29th April, 2015 passed by the Motor Accident Claims Tribunal, Alipore, 24-Parganas (South) in Motor Accident Claims Case No. 46 of 2010. By the impugned award the tribunal awarded compensation in a sum of Rs. 4,40,061/- together with interest @ 6% per annum to the claimants, who were the dependants of the deceased victim, payable by the insurer.
(3.) The only point that has been urged by Mr. Pahari, learned advocate for the insurer is that the driver of the offending vehicle, which was involved in the motor accident in question, did not have a valid driving license and, therefore, the insurer is exempted from the liability of making payment of compensation to the claimants. In support of his submission Mr. Pahari has relied on the decisions of the Supreme Court reported in 2006 A.C.J. 1336 (National Insurance Co. Ltd. v. Kusum Rai and others ); 2007 (2) T.A.C. 393 (SC) (Iswar Chandra and Others v. Oriental Insurance Co. Ltd. and Others ) and 2008 A.C.J. 1307 (Sardari and others v. Sushil Kumar and others ).;