Jitendra Chauhan, J. - (1.) Despite sufficient opportunity, no reply has been filed by the respondents. Keeping in view the averments made in the application, the same is allowed. The delay of 19 days in filing the instant appeal is hereby condoned. FAO -2090 -2012
(2.) THE present appeal has been filed by the Insurance Company assailing the impugned award dated 10.12.2011, passed by the learned Motor Accident Claims Tribunal, Faridabad (for short 'the Tribunal') vide which, respondent No. 1 has been awarded a sum of Rs. 81,600/ - on account of the injuries suffered by him in a road accident. The Insurance Company alongwith the owner and the driver of the offending vehicle has been held liable to pay the compensation jointly and severally. The only arguments raised by the learned counsel for the appellant is that the driver of the offending vehicle was not holding a valid driving licence at the time of accident. He was having a licence which was valid for driving motorcycle, scooter, motor car, whereas, at that time he was driving auto rickshaw, which is a passenger carrying vehicle. In this regard a specific endorsement is required from the licencing authority. Learned counsel appearing for respondent Nos. 2 and 3 could not be able to controvert this argument.
(3.) I have heard the learned counsel for the parties and perused the case file.;