- (1.) CLAMOURING for reversal of the judgment and award dated 20 th November 2014, rendered by Motor Accident Claims Tribunal, Camp Mawali, District Udaipur (for short, 'learned Tribunal'), appellant -insurer has invoked appellate jurisdiction of this Court under Section 173 of the Motor Vehicles Act, 1988 (for short, 'Act of 1988'). Succinctly stated, the facts giving rise to this appeal are that on 6 th of February 2009, Naval Ram, while travelling in Maruti Ritz car bearing registration No. RJ - 22 -CB -4891, met with an accident with tanker bearing No.GJ -18 -X -8931, owned by 4 th respondent and insured with the appellant -insurer. At the time of accident, insured vehicle was driven by third respondent Mohd. Muneer. Attributing rash and negligent driving to the insured vehicle, the respondent -claimants staked claim for compensation worth Rs.99,20,000/ - for the calamity which has engulfed life of Naval Ram Dangi. In response to the notices issued by the learned Tribunal, none appeared for driver and owner of the vehicle, which prompted the learned Tribunal to proceed ex -parte. The appellant -insurer joined the issue before the learned Tribunal and made sincere endeavor to contest the claim.
(2.) IN the return, the insurer has pleaded that at the time of accident the driver of the insured vehicle was not having valid driving licence and as such the insurer claimed immunity from its liability to pay compensation in terms of Section 149(2)(a)(ii) of the Act of 1988 substantiating its plea in the reply that the driving licence placed on record is fake and it was never issued by the competent licencing authority.
(3.) CONSTRUING the pleadings of the rival parties, learned Tribunal settled three issues for determination. With a view to prove averments of the plaint, first respondent -claimant appeared in the witness box as AW1. In the form of documentary evidence, in all 21 documents are produced by the claimants, which were exhibited by the learned Tribunal. No evidence is tendered by the owner and driver of the insured vehicle. The appellantinsurer examined its legal Manager NAW1 Siddharth Pareek and also tendered eight documents which were exhibited. The insurer made endeavor to crave leave of the learned Tribunal to contest the claim on all or any of the grounds that are available to the persons against whom the claims have been made by laying application under Section 170 of the Act of 1988. Learned Tribunal acceded to the prayer of the insurer and granted indulgence to it.;