- (1.) This appeal under Section 173 of the Motor Vehicles Act has been filed against the judgment and award 29.6.2010 passed by the Judge, Motor Accident Claims Tribunal, Pali in MACT Case No. 12/2007.
(2.) The short facts of the case are that the accident has occurred on 4.2.2004 at 3.30 p. m. when the injured claimant were going from Pali to Sumerpur and reached village Mandali Bus Stand. A taxi driven rashly and negligently by respondent no. 2, hit the motor cycle of the deceased. Ravindra Kumar was driving the motor cycle and the present appellant was sitting behind. Due to accident, the present appellant has received serious injuries. FIR has been lodged for the offences under Sections 279, 337, 338 IPC and Section 3/181 of the Motor Vehicles Act against the driver of the taxi Puran Singh. A claim petition was filed by the claimant and the liability has been fixed against the Insurance Company whereas the registered owner respondent no. 3 has been exonerated. Hence this appeal.
(3.) The contention of the present appellant is that the driver of the vehicle was not having any licence at the time of accident and the owner of the vehicle handed over the vehicle to unlicensed person. Hence this is fundamental and wilful breach of policy as the respondent no. 3 was the registered owner and respondent no. 2 who is son of respondent no. 3 was driving the vehicle and the Insurance Company should be exonerated from the liability.;