- (1.) This appeal is directed against judgment and award dated 25.08.2001 passed by Motor Accident Claims Tribunal, Bikaner ('the Tribunal'), whereby, the Tribunal has awarded a sum of Rs. 2,90,000/- as compensation to the claimants alongwith interest @ 9% per annum from the date of application i.e. 18.12.1998 till date of realization and appellant Insurance Company has been held liable for payment of compensation. The application for compensation was filed by the claimants on account of death of their son Lal Chand, who was going on a cycle and was struck by Truck No.GJ-6T-3181. The claimants claimed a compensation of Rs. 36,20,000/-.
(2.) The application was resisted by the driver, who was also the owner of the vehicle, who disputed the fact that the vehicle was being driven rashly and negligently. It was claimed that he was in possession of valid driving licence and papers and liability, if any, was that of the Insurance Company.
(3.) The Insurance Company filed its reply and disputed its liability mainly on account of the fact that the driving licence of the driver/owner was fake. It was indicated in the reply that from the report of the surveyor, which was obtained from the Licencing Authority, Gwalior dated 18.08.1999, it was proved that the licence J-49515/GWL/84 was fake.;