Mahesh Bhagwati, J. - (1.) Since both, the appeal and the cross-objections relate to one accident and arise out of judgment and award dated 8.9.2006 passed by Motor Accident Claims Tribunal (Additional District Judge Fast Track No. 3), Jhunjhunu, therefore, arguments have been heard together and they are being disposed of by this common order.
(2.) Brief facts of the case, in nub, are that on 5.3.2004, Sonu Swami was coming from Chirawa to his home Bagad by Bus bearing registration no RJ 18 P 1514. The driver drove the bus rashly and negligently. Despite being warned by the passengers, he did not pay any heed. The driver knocked down the bus from the road and dashed it against the tree, as a result of which Sonu Swami sustained injuries over his body. On a claim petition having been filed, the learned Tribunal decreed an amount of Rs. 70,000/- in favour of claimant and against the appellant and non claimants.
(3.) Learned counsel appearing for the Insurance Company contended that at the time of accident, the driver of the offending vehicle was not having a valid and effective driving licence, as such the Insurance Company was not liable to pay the quantum of compensation. Hence, the Insurance Company be absolved from its liability.;