J.K.RANKA, J. - (1.) Heard the appeal finally with the consent of the parties.
(2.) The instant civil misc. appeal under Section 173 of the Motor Vehicles Act is directed against order of the MACT, Dholpur 5.2.2009 passed in claim petition No. 280/2006.
(3.) The brief facts as has been gathered on the basis of arguments advanced by the learned counsel for the parties as also the impugned order is that on 5.2.2009 when Hotam Singh was going on his motorcycle from his village to Dholpur and at that time near Tivariya Bhilganva a vehicle Tempo bearing No. R.J.11/RA. 0035 (old No. M.R 07/T- 4087), which was coming from Dholpur side in a rash and negligent manner hit the vehicle of Hotam 1 Singh and on account of which Hotam Singh received severe and grievous injuries and died on the spot and the motorcycle was also badly damaged. It is claimed by the claimants/appellants that Hotam Singh was 28 years of age and was a driver and was earning an income of Rs. 5000/- per month. The claim was accordingly lodged amounting to Rs. 11,00,000/- against respondent No. 1 Insurance Company and Santosh Kumar Sharma owner of the Tempo. On behalf of respondents reply was filed and the Insurance Company submitted that the driver of the vehicle had no valid licence and there was breach of conditions of the Insurance Policy. On behalf of the owner of the offending vehicle it was submitted that since the vehicle Tempo was insured by the respondent No.1, there was valid licence, therefore, in so far as the compensation is concerned, the responsibility would be on the Insurance Company.;