- (1.) THIS appeal is directed against the judgment and award dated 01.03.2007 passed by the Motor Accident Claims Tribunal, Churu (for short 'the Tribunal' hereinafter) in Claim Case No.21/2006, whereby the learned Tribunal has awarded compensation of Rs.3,88,239/ - to the respondent - claimant for the injuries sustained by him in an accident took place on 08.01.2005, involving a Tempo bearing No.RJ13 -PA -0090, insured with the appellant -insurance company.
(2.) THE appellant -insurance company has challenged the impugned judgment and award mainly on the ground that the appellant -insurer has successfully discharged its burden for no liability under the provisions of section 149 of the Motor Vehicles Act, 1988 (for short 'the Act of 1988' hereinafter) but the learned Tribunal has erred in fastening the liability upon the appellant -insurance company to pay the compensation to the respondent - claimant. The learned counsel for the appellant has argued that the learned Tribunal has erred in fastening the liability upon the appellant -insurer despite the fact that the appellant has proved before the Tribunal that the driver of the insured vehicle was not possessing licence for driving the "Light passenger vehicle" and was holding a licence for driving the Light motor vehicle and, therefore, the appellant -insurer is not liable to indemnify the damages caused to the claimant for the injuries sustained by him in the accident occurred on account of negligent driving of the insured vehicle.
(3.) THE learned counsel for the appellant has also argued that the compensation awarded by the learned Tribunal to the claimant is excessive as the respondent -claimant has failed to produce any cogent and plausible evidence in connection with his income and the learned Tribunal has assessed the income of the respondent -claimant on the basis of surmises and conjectures only. The learned counsel for the appellant -insurer has, therefore, prayed that the appeal preferred by the appellant may be allowed and the impugned judgment and award may be set aside.;