J.K. Ranka, J. - (1.) THE instant appeal is directed against the award dated 3.11.2009 passed by Motor Accident Claims Tribunal, Baran, in Claim Case No. 16/2007.
(2.) THE brief facts noticed are that on 27.10.2006 the respondent is said to be going on his motorcycle bearing No. RJ28 03M 3878, when a tractor bearing No. RJ28 R 6609, being driven by Raju son of Chand Ali in a high speed and in a rash and negligent manner, came and hit the motorcycle of the respondent, consequent thereto the respondent suffered severe and grievous injuries and suffered disability. The Tribunal, analysing the material on record and after considering all the issues, allowed the claim to the extent of Rs. 95,547/ -, which is assailed herein.
(3.) LEARNED counsel for the appellant contended that award of the Tribunal is perverse in the sense that driver of the tractor had no valid license, and neither the license was placed on record nor any other evidence to suggest that Raju had valid license. It is further contended by her that since there was no valid license placed on record, therefore, at -least the Insurance Company cannot be held liable to pay the award amount as liability has been fastened wrongly. She further contended that an application was moved on behalf of the appellant before the Tribunal on 21.9.2007, specifically on the above issue and despite repeated directives neither Raju produced the license nor the claimant -respondents submitted a valid license, and when there was no valid license, the claim ought to have been rejected, rather than deciding in favour of the claimant -respondents. She further contended that the amount allowed at Rs. 95,547/ - is also highly excessive and unreasonable as hardly any injury was suffered and even otherwise, as per the disability certificate, it was only 5% and on a mere disability of 5%, that too partial, the amount allowed is highly excessive and unreasonable. She also contended that in the alternative as well, recovery rights of the said amount may be given to the appellant to recover the amount from the driver/owner of the offending tractor. In support of her contentions she relied on the judgment of this court in the case of National Insurance Company Ltd. v. Sarbati & Others : 2015 (2) R.A.R. 698 (Raj.).;