Prashant Kumar Agarwal, J. - (1.) HEARD learned counsel for the parties. Disputing its liability to make payment of the amount of compensation as awarded by the learned Tribunal on the ground that the driver of the offending vehicle was not having a valid and effective license at the time of the accident, the appellant -Insurance Company has filed this civil misc. appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the "Act") against the judgment and award dated 10.12.2002 passed by the Motor Accident Claims Tribunal and Additional District Judge No. 1, Kishangarh Bas (District Alwar) (hereinafter referred to as the "Tribunal") in Motor Accident Claims Case No. 36/1996. The Tribunal has awarded Rs. 1,82,584/ - alongwith simple interest @ 9% per annum as compensation to the claimant -respondents on account of death of Shri Ramuram.
(2.) BRIEF relevant facts for the disposal of this appeal are that the claimant -respondents, who are legal representatives of the deceased -Ramuram, filed a claim petition under Section 166 of the Act on 8.3.1996 before the Tribunal with the averments that on 5.1.1996 at 6:00 pm when Shri Ramuram was returning to his house from "Sabji Mandi", near Railway crossing a vehicle (truck) bearing Registration No. HR -38 -3992 being driven by respondent -Shri Mukesh Kumar rashly and negligently hit the deceased resulting fatal injury to him. The claimant -respondents claimed Rs. 7,03,400/ - as compensation. The appellant -Insurance Company filed reply and apart from others averred that at the time of the said accident the driver of the offending vehicle was not having a valid and effective driving license and, therefore, the Insurance Company is not liable to pay the compensation. It was further pleaded that the owner (insured) of the vehicle involved in the accident violated the terms and conditions of the insurance policy issued in his favour as he allowed the offending vehicle to be driven by a person having no valid and effective driving license. It is to be noted that the owner and driver of the offending vehicle did not appear before the Tribunal despite due service of notice upon them and ex -parte proceedings were initiated against them. On the basis of pleadings of the parties, necessary issues were framed and for the purpose of disposal of this appeal, Issue No. 3 is relevant, which is reproduced as below:
(3.) THE parties produced oral as well as documentary evidence in support of their respective case. The Tribunal considered the Issue No. 3 and came to a conclusion that the appellant -Insurance Company cannot disown its liability to make payment of the amount to be awarded as compensation only by the reason that at the time of the accident the driver was not having a valid and effective driving license. Even the order to first make payment of amount of compensation to the claimants and then recover the same from the owner and driver of the offending vehicle was not made by the Tribunal although for coming to the aforesaid conclusion the Tribunal took into consideration the case of New India Assurance Co. Ltd. Vs. Kamla & Ors. reported in 2001 ACJ 843 (SC).;