- (1.) In this appeal, the appellant insurance company has challenged the award dated 05.08.2010 passed by the Motor Accident Claims Tribunal, Pali in MAC Case No.52/09, whereby, compensation of Rs.9,53,000/- was allowed in favour of the claimants.
(2.) Learned counsel for the appellant vehemently argued that the claim petition has been filed by 7 persons including 2 major brothers and sisters and other dependents of deceased Dilip Kumar who died in an accident occurred at about 5.30 in the evening on 17.05.2008 when he was travelling on his motor-cycle No.RJ-34-1M-1790 from Sanderao to Chanod. The motorcycle of the deceased was hit by one jeep which was driven by respondent No.8 Khinvraj and due to rash and negligent driving by the driver of the jeep, deceased Dilip Kumar fell down and died on the spot.
(3.) Learned counsel for the appellant submits that the award impugned is illegal because the jeep driver was not holding valid licence in his favour at the time of the accident, therefore, the injurance company cannot be held liable for any compensation for the accident in question. According to learned counsel for the appellant, the Tribunal has failed to consider that the appellant insurance company has specifically pleaded that driver was having licence to drive the motor-cycle and LMV whereas he was driving a light transport vehicle at the time of the accident, therefore, he was not authorized to drive light transport vehicle and as such the finding of the Tribunal deserves to be quashed being erroneous. It is prayed that the liability fastened upon the insurance company is totally illegal, therefore, the award impugned may be quashed.;